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RANA v. HOLDER

No. 10-60539.

654 F.3d 547 (2011)

Atif M. Khan RANA, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

August 30, 2011.

Attorney(s) appearing for the Case

Richard L. Prinz , Law Office of Richard Prinz, Houston, TX, for Petitioner.

Timothy George Hayes , Trial Atty., Tangerlia Cox , OIL, Imran Raza Zaidi , Trial Atty., Civ. Div., U.S. Dept. of Justice, Washington, DC, for Respondent.

Before SMITH, BENAVIDES and HAYNES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Aliens who are convicted of a controlled substance offense are inadmissible into the United States, 8 U.S.C. § 1182(a)(2)(A)(i)(II), unless they can obtain a waiver, see § 1182(h). The Attorney General may, however, only "waive the application of ... [§ 1182(a)(2)(A)(i)(II)] insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana." Id. The issue is whether such a waiver...

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