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BIA on INA § 212(h) waiver of criminal grounds

212h waivers for persons with criminal convictions

BIA found that an alien who is inadmissible under INA § 212(a)(2)(A)(i)(II) based on a drug paraphernalia offense may qualify for a waiver of inadmissibility under INA § 212(h) if that offense.
“Relates to a single offense of simple possession of 30 grams or less of marijuana.”
Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009).

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