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STANOVSEK v. HOLDER

No. 13-3279.

768 F.3d 515 (2014)

Robert Michael STANOVSEK, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 24, 2014.

Attorney(s) appearing for the Case

ARGUED: Thomas E. Moseley , Law Offices of Thomas E. Moseley, Newark, NJ, for Petitioner. Kelly J. Walls , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Thomas E. Moseley , Law Offices of Thomas E. Moseley, Newark, NJ, for Petitioner.

Janice K. Redfern , United States Department of Justice, Washington, D.C., for Respondent.

Mary Kenney , Beth Werlin , American Immigration Council, Washington, D.C., for Amicus Curiae.

ROGERS, J., delivered the opinion of the court, in which STEEH, D.J., joined. BOGGS, J. (pp. 521-24), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

This case raises the issue of whether an alien who has adjusted his status to that of a lawful permanent resident after being admitted to the United States on a nonimmigrant visa, and who is later subject to removal for committing an aggravated felony, may seek a hardship waiver. A provision of the Immigration and Nationality Act ("the Act") bars such a hardship waiver for an alien admitted to the United States in the first...

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