The Seventh Circuit has remanded for the Board of Immigration Appeals to further analyze the inadmissibility provision in section 212(a)(2)(B) of the INA. The petitioner had been convicted of a DUI offense, for which he received no sentence of incarceration. Subsequently, he was convicted of negligent vehicular homicide, for which he was sentenced to 5 years of incarceration. The petitioner argued that section 212(a)(2)(B) of the INA, which renders inadmissible anyone convicted of “2 or more offenses … for which the aggregate sentences to confinement were 5 years or more,” requires at least two sentences of confinement.
The full text of Ruderman v. Whitaker can be found here: