The Status of Stand-alone INA §212(h) Waivers in 2013: Can Matter of Rivas Withstand Constitutional Scrutiny? (PDF)
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Professor Michael Vastine criticizes the 2013 Board of Immigration Appeals decision in Matter of Rivas regarding equal protection principles as applied (or not) to the seeking of waivers under INA §212(h) -- to avoid removal because of criminal conduct. He questions why it would matter for eligibility whether a noncitizen has traveled outside of the United States.
Michael S. Vastine is Associate Professor of Law and Director of the Immigration Clinic at St. Thomas University School of Law in Miami, Florida. His practice and research focus on immigration litigation, particularly regarding the deportation consequences of criminal convictions and the due process rights of immigrants. He represented amicus curiae Catholic Legal Services, Archdiocese of Miami, Inc., in support of a rehearing of Poveda v. U.S. Attorney General, 692 F.3d 1168 (11th Cir. 2012), discussed infra.
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