New opinion — court denies an interesting technical challenge to deportation

Paek v. A.G. — immigration — denial — Rendell

Ka Paek was admitted to the U.S. as a lawful permanent resident — conditionally at first, then permanently — because his father was a citizen in the military. Fourteen years later, after he also had married a U.S. citizen, he was convicted of robbery and related charges and the government decided to deport him. Paek challenged removal, arguing he was eligible for a waiver of inadmissibility. The waiver may not be granted to an “alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence,” but Paek argued that it could be granted because he was “admitted to the United States” as a conditional resident, and only became a permanent resident after his admission. Today, the Third Circuit rejected Paek’s argument and dismissed his appeal because even a conditional resident is “admitted for permanent residence” under the INA.

Joining Rendell were Hardiman and Vanaskie. Arguing counsel were Ben Winograd for the deportee and Bernard Joseph for the government.