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Vila v. U.S. Attorney General

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[PUBLISH]

Before EDMONDSON and PRYOR, Circuit Judges, and CAMP,*fn1 District Judge.

This petition presents the question whether an alien living in the United States with an approved I-140 visa petition is “lawfully resid[ing] . . . in the United States” under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h), which grants the Attorney General the discretion to waive the removal of an alien who has been convicted of a crime of moral turpitude. The Attorney General lacks the authority for an alien who has not “lawfully resided continuously” in the United States for the seven years before the initiation of his removal proceeding. Carlos Roberto Vila, who was convicted of burglary in 2000, petitions for review of a decision of the Board of Immigration Appeals that vacated an immigration judge’s decision that Vila is eligible for relief under section 212(h). The immigration judge determined that Vila is statutorily eligible for a waiver of inadmissibility because he had lived in the United States with an approved I-140 visa petition from September 12, 1994, until he became a lawful permanent resident on June 21, 2000. Because Vila’s approved I-140 visa petition did not make him a lawful resident under section 212(h), we deny his petition for review.

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