The petitioner had been convicted of several crimes involving moral turpitude and one controlled substance violation involving marijuana.  He sought cancellation of removal for non-lawful permanent residents, arguing that he could waive the disqualifying effects of the convictions with a 212(h) waiver.  The agency disagreed, and the Ninth Circuit affirmed, finding that the statute provided no basis for combining these two forms of relief.

The full text of Guerrero-Roque v. Lynch can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/01/09/14-72082.pdf

Comment