Waivers on inadmissibility under INA §212(h) have historically been limited by aggravated felony convictions, and to applicants who have either travelled abroad or are applying for re-adjustment of status. This seminar discusses the evolution of the “aggravated felony bar” in the U.S. courts of appeals, and possible challenges (constitutional and statutory) to limitations on “stand-alone” applications not accompanied by adjustment of status.

• The Evolution of the Agency Position on Stand-Alone §212(h)
• When a Circuit's Good Law Goes Bad
• When to Defer to the Administrative Agency
• Good News for the “Bad” Guys: Carving Out §212(h) Availability for Aggravated Felons Who Previously “Adjusted Status”
• Invocation of Equal Protection Principles: How Judulang v. Holder Illustrates the Constitutional Weaknesses of Recent §212(h) Jurisprudence

Faculty:

• Mary E. Kramer (dl), AILA Author, Immigration Consequences of Criminal Activity, Miami, FL
  Mary E. Kramer is the author of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign Born Defendants (AILA Pubs 5th Ed. 2012). From 2010 to 2012, she served as the chair of the AILA National ICE Liaison Committee. She is a past chair of the AILA South Florida Chapter. She is the current chair of her local ERO Committee. She also serves on the Department of State Liaison Committee and the Access to Counsel Taskforce for AILA National, and is President of the Catholic Legal Services Board of Directors.
• Vikram K. Badrinath, Tucson, AZ
  Vikram K. Badrinath is a sole practitioner in Tucson, AZ, where he practices all facets of immigration law. He is a certified specialist in immigration and nationality law from the California Board of Legal Specialization, State Bar of California. He is admitted to practice in Arizona, California, Hawaii, and the District of Columbia. He is a participating attorney in the BIA's Pro Bono Project, and received a pro bono award from the U.S. Department of Justice.
• William E. Graves Jr., Boston, MA
  William E. Graves Jr. is a partner with the Boston firm of Graves & Doyle, an immigration and nationality law practice. He is a frequent speaker on immigration issues and is an adjunct professor at Suffolk University Law School. Bill received his B.A. in English from NYU in 1985 and his J.D. from George Washington University in 1992. He served in the Peace Corps in the Democratic Republic of Congo (formerly Zaire) from 1985 to 1988.

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