Crespo v. Holder, 09-2214

Peruvian citizen's petition for review of BIA's denial of 8 U.S.C. section 1182(h) waiver

Crespo v. Holder, 09-2214, concerned a Peruvian citizen's petition for review of the denial of his 8 U.S.C. section 1182(h) waiver, claiming that the BIA erred in concluding that a 1997 adjudication under Virginia Code section 18.2-251 for possession of marijuana qualifies as a "conviction" under 8 U.S.C. section 1101(a)(48)(A).


In granting the petition, the court held that, Congress listed five situations in section 1101(a)(48)(A)(i) that constitute a sufficient finding of guilt to ensure that an alien engaged in criminal behavior, and here, petitioner's adjudication under the Virginia deferral statute does not satisfy any of these conditions.

Related Link:

• Read the Fourth Circuit's Full Decision in Crespo v. Holder, 09-2214