In Matter of J-H-J-, the Board of Immigration Appeals (Board) withdrew its previous opinions finding that lawful permanent residents convicted of aggravated felonies are never eligible for a waiver under section 212(h) of the INA. The vast majority of circuit courts who had addressed this issue had disagreed with the Board, creating a lack of uniformity on the issue nationwide. "We will therefore withdraw from our decisions in Matter of Koljenovic and Matter of E.W. Rodriguez and hold that section 212(h) of the Act only precludes aliens who entered the United States as lawful permanent residents from establishing eligibility for a waiver on the basis of an aggravated felony conviction."
The full text of Matter of J-H-J- can be found here: http://www.justice.gov/sites/default/files/pages/attachments/2015/05/12/3836_0.pdf