The Board of Immigration Appeals (BIA) had held that a lawful permanent resident is ineligible for a 212(h) waiver if he was inspected, admitted, and physically entered the country as a lawful permanent resident at any time in the past, even if such admission was not the alien’s most recent acquisition of lawful permanent resident status. In the instant case, the respondent was initially granted lawful permanent residence through consular processing in 1967, was convicted of an aggravated felony in 2007, re-adjusted his status in 2009, and was convicted of another aggravated felony in 2015. The BIA found him ineligible for a 212(h) waiver after the second offense, on the ground that he was previously inspected, admitted, and physically entered the United States as a lawful permanent resident in 1967, even though his current status as a lawful permanent resident was achieved in 2009 through adjustment of status.
The full text of Matter of Vella can be found here:
https://www.justice.gov/eoir/page/file/1003441/download