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MARTINEZ v. ATTORNEY GENERAL OF U.S.

No. 11-2258.

693 F.3d 408 (2012)

Erasmo Anibal MARTINEZ, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Opinion filed: September 6, 2012.

Attorney(s) appearing for the Case

Raquiba Huq , Claudine Langrin , Timothy Block , Shifra Rubin , Melville D. Miller, Jr. , Whitney Elliott, Esq. [ARGUED], Legal Services of New Jersey, Edison, NJ, for Petitioner.

Tony West, Esq. , David V. Bernal, Esq. , Stuart S. Nickum, Esq. [ARGUED], United States Department of Justice, OIL, Washington, DC, for Respondent.

Before: McKEE, Chief Judge, HARDIMAN, Circuit Judge and JONES, II, District Judge.

OPINION OF THE COURT

JONES, II, District Judge.

Section 212(h) of the Immigration and Nationality Act ("INA") expressly bars from status adjustment a non-citizen who has "previously been admitted to the United States as an alien lawfully admitted for permanent residence" but later is convicted of an aggravated felony. 8 U.S.C. § 1182(h)(1)(C)(2). This appeal presents a question of first impression in this Circuit: whether someone who was accorded the...

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