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POVEDA v. U.S. ATTY. GEN.

No. 11-14512.

692 F.3d 1168 (2012)

Sammir A. POVEDA, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

August 27, 2012.

Attorney(s) appearing for the Case

Juan Carlos Gomez , Pozo, Goldstein & Gomez, LLP, Miami, FL, for Petitioner.

Lauren Fascett , Sheri Robyn Glaser , David V. Bernal , Krystal Samuels, U.S. Dept. of Justice, OIL, Washington, DC, Michelle Ressler , Dist. Counsel's Office, Miami, FL, for Respondent.

Before WILSON, PRYOR and MARTIN, Circuit Judges.

PRYOR, Circuit Judge:

The main question presented by this petition for review is whether a removable alien is eligible for a waiver of inadmissability, under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h), if he remains within the United States, but fails to apply for an adjustment of his status, 8 U.S.C. § 1255. Sammir Poveda, a lawful permanent resident, petitions for review of a decision of the Board of Immigration Appeals that...

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