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LEIBA v. HOLDER

No. 11-1845.

699 F.3d 346 (2012)

Martin Mendoza LEIBA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. American Immigration Council, Amicus Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: November 9, 2012.

Attorney(s) appearing for the Case

ARGUED: Xavier F. Racine , Calderon, Racine & Derwin, PLC, Arlington, Virginia, for Petitioner. Benjamin Winograd , American Immigration Council, Washington, D.C., for Amicus Supporting Petitioner. Sheri Robyn Glaser , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Tony West , Assistant Attorney General, Anthony P. Nicastro , Senior Litigation Counsel, United States Department of Justice, Washington, D.C., for Respondent. Mary Kenney , American Immigration Council, Washington, D.C., for Amicus Supporting Petitioner.

Petition granted by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge DAVIS and Judge COGBURN joined.

OPINION

TRAXLER, Chief Judge:

Martin Mendoza Leiba ("Mendoza") petitions for review of a decision of the Board of Immigration Appeals ("the Board") affirming a decision of an immigration judge ("IJ") granting a motion by the Department of Homeland Security ("DHS") to pretermit Mendoza's applications for adjustment of immigration status and for a waiver pursuant to Immigration and Nationality Act ("INA") § 212(h). We grant Mendoza's petition.

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