Board of Immigration Appeals on INA § 212(h) Waiver of Criminal Grounds

Waiver of Criminal Grounds. Board of Immigration Appeals (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). The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA is located at EOIR headquarters in Falls Church, Virginia. Generally, the BIA does not conduct courtroom proceedings – it decides appeals by conducting a “paper review” of cases. On rare occasions, however, the BIA hears oral arguments of appealed cases, predominately at headquarters. The BIA has been given nationwide jurisdiction to hear appeals from certain decisions,