On appeal from a published Board of Immigration Appeals (BIA) case (Matter of Paek), the Third Circuit addressed the applicability of the aggravated felony bar in section 212(h) of the INA to non-citizens admitted to the United States as conditional permanent residents.  The Third Circuit deferred to the BIA and found that the aggravated felony bar applies with equal force to those admitted as conditional residents as it to those admitted as non-conditional permanent residents.

The full text of Paek v. Attorney General can be found here: http://www2.ca3.uscourts.gov/opinarch/143982p.pdf

The BIA's decision in Matter of Paek can be found here: http://www.justice.gov/sites/default/files/eoir/legacy/2014/09/17/3813.pdf

Comment