Martinez v. Mukasey, 519 F.3d 532, 537 (5th Cir. Mar 11, 2008) (bar to 212(h) waiver for LPRs with aggravated felony convictions only applies to noncitizens who obtained LPR status upon admission to the United States; the bar does not apply to LPRs who adjusted to LPR status without leaving the United States; the court found the language of INA 212(h) was unambiguous in this regard, and so did not give Chevron deference to the BIA). This decision overrules Matter of Rosas-Ramirez, 22 I. & N. Dec. 616 (BIA 1999) (en banc) (a noncitzen who entered without inspection, and later adjusted to LPR status, could be subjected to removal proceedings under INA 237(a)(2)(A)(iii), based on a subsequent aggravated-felony conviction) within the Fifth Circuit).