Sunday v. Attorney Gen. of the United States

Sunday, a citizen of Nigeria, was admitted to the U.S. in 1995 with permission to remain for a year. He overstayed and, in 2013, was charged as removable for overstaying and for committing certain crimes. An IJ held Sunday was removable based on his overstaying and on a bail jumping conviction. To avoid removal, Sunday applied for a U visa and petitioned USCIS for a waiver of inadmissibility, which was denied based on his criminal record. Sunday then applied for a waiver of inadmissibility from an IJ, under the Department of Justice, who determined that she lacked jurisdiction to consider Sunday’s request. The BIA affirmed, concluding that waivers regarding U visas are exclusively within the authority of USCIS, under the Department of Homeland Security, and cannot be granted by an IJ, and declining to consider a claim that removal constituted unconstitutionally disproportionate punishment. The Third Circuit denied a petition for review, noting that the Supreme Court has consistently held that removal is not punishment. View "Sunday v. Attorney Gen. of the United States" on Justia Law