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Rotimi v. Holder, No. 06-0202

Petition for review of an order holding plaintiff statutorily ineligible for a waiver of inadmissibility and dismissing plaintiff's appeal is denied where the Board of Immigration Appeals' interpretation of "lawfully resided continuously" as used in Immigration and Nationality Act sec. 212(h) and applied to plaintiff is reasonable, and thus plaintiff is ineligible for a INA sec. 212(h) waiver because he did not lawfully reside continuously in the United States for the disputed period of time. 

Read Rotimi v. Holder, No. 06-0202

Appellate Information
Petition for review of a decision and order of the Board of Immigration Appeals.
Argued March 23, 2009
Decided August 14, 2009

Before FEINBERG, NEWMAN, and KATZMANN, Circuit Judges.
Per Curium Opinion.
NEWMAN, Circuit Judge, concurring.
KATZMANN, Circuit Judge, with whom FEINBERG, Circuit Judge, joins, concurring.

For Petitioner: DANIEL SHABASSON, Pollack, Pollack, Isaac & DeCicco, New York, N.Y.

For Respondent: DIONE M. ENEA, Special Assistant United States Attorney, Brooklyn, N.Y.