Bar to Cancellation Applies to all Grounds of 212(a)(2) | CLINIC

Bar to Cancellation Applies to all Grounds of 212(a)(2)

The BIA recently clarified that a person is ineligible for cancellation of removal if he or she is inadmissible under INA § 212(a)(2)(B) due to convictions of two or more offenses for which the aggregate sentence were five years or more.  That form of relief is not available to those who were convicted of an offense under section 212(a)(2).  The question before the Board was whether multiple criminal offenses were meant to be covered in the statutory preclusion.  The BIA looked at the plain language and concluded that it was not ambiguous.  It concluded that “convicted of an offense under section 212(a)(2) encompasses all of the provisions of section 212(a)(2) and not just crimes of moral turpitude covered by 212(a)(2)(A).”  Matter of Pina-Galindo, 26 I&N Dec. 423 (BIA 2014).