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DISCLAIMER |
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> In Re Ulloa: Immigration judge must advise respondent of right to apply for public charge waiver
Immigrants' Rights Update, Vol. 13, No. 4 , June 30, 1999
An immigration judge must advise a respondent who is inadmissible as
a person likely to become a public charge of the right to apply for
a waiver of inadmissibility, the Board of Immigration Appeals has
ruled.
The respondent in the case before the BIA had applied for adjustment
of status in deportation proceedings. However, an IJ had denied the
respondent’s application, finding that he was inadmissible as a
person likely to become a public charge.
The respondent argued that pursuant to 8 CFR section 242.17(a), the
IJ should have advised him of the right to apply for a waiver of
inadmissibility available under section 213 of the Immigration and
Nationality Act, but that the IJ had failed to do so.
The BIA agreed with the respondent and sustained his appeal. The
Immigration and Naturalization Service argued that the IJ had no
authority to apply INA section 213 to the respondent. But the BIA
rejected this argument, finding that implementing regulations
specifically give the IJ authority to grant or deny an alien a
waiver of inadmissibility regarding public charge under section 213.
In re Ulloa, Int. Dec. 3393 (BIA May 24, 1999).
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