The Second Circuit has rejected an equal protection challenge to 212(h) waivers for lawful permanent residents charged with inadmissibility (who are eligible for a stand-alone 212(h) waiver) and those charged with deportability (who must apply for the waiver in conjunction with an adjustment of status application). "Congress might have wanted to ensure that dangerous people, including those convicted of crimes of moral turpitude, remain outside the United States while their applications for discretionary relief are being considered. Congress might have wanted aliens seeking such waivers to do so from outside the United States in order to discourage them from attempting to fly under the radar' of the immigration authorities in the event that the discretionary waiver is ultimately denied. Congress might have rationalized that an alien who self-deports and returns through proper admission procedures provides immigration authorities a second bite at the apple to intercept and consider otherwise unlawful aliens. Congress might have rationalized that granting a waiver to those who self-deport and seek readmission at the borders provides an incentive for such aliens to voluntarily depart at their own expense."
The full text of Seepersad v. Sessions can be found here: