U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

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.

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