A person who has been convicted of an aggravated felony and ordered removed is permanently inadmissible, i.e., ineligible to seek lawful admission as an immigrant.[229]  A waiver is available at the Attorney General’s discretion if an application for readmission is granted.[230]  A waiver is also available for temporary visits.  See § 2.46(E), infra.  There is also a permanent ground of inadmissibility for those who seek to re-enter the United States illegally following removal.[231]  A waiver is theoretically available for a noncitizen seeking admission ten years after his or her last departure from the United States, but it is extremely difficult or impossible to obtain in practice, especially for a noncitizen with an aggravated felony conviction.[232]

[229] INA § § 212(a)(9)(A)(i), (ii)(II), 8 U.S.C. § § 1182(a)(9)(A)(i), (ii)(II).

[230] INA § 212(a)(9)(A)(iii), 8 U.S.C. § 1182(a)(9)(A)(iii).  In a recent unpublished decision, the Administrative Appeals Office granted a waiver to a noncitizen removed as an aggravated felon for a DUI conviction, which was later held not to be an aggravated felony.  Decision available at: http://www.lexisnexis.com/practiceareas/immigration/pdfs/web957.pdf (visited Jan. 27, 2006).

[231] INA § 212(a)(9)(C)(i)(II), 8 U.S.C. § 1182(a)(9)(C)(i)(II). Matter of Torres-Garcia, 23 I. & N. Dec. 866 (BIA 2006) (noncitizen who re-enters United States without admission after having been removed held inadmissible under INA § 212(a)(9)(C)(i)(II), 8 U.S.C. § 1182(a)(9)(C)(i)(II), even if s/he obtained Attorney General’s permission to reapply for admission prior to re-entering unlawfully).

[232] INA § 212(a)(9)(C)(ii), 8 U.S.C. § 1182(a)(9)(C)(ii).

BIA

JUDICIAL REVIEW - REMOVAL HEARINGS - CONSOLIDATION
The regulations do not specifically address the issue of joinder or consolidation, but the Immigration Judge has wide latitude to order consolidation if necessary to promote administrative efficiency. Matter of Taerghodsi, 16 I. & N. Dec. 260, 262-63 (BIA 1977) (citing former 8 C.F.R. 242.8(a)). Consolidation is proper when two or more hearings share the same or substantially similar evidence and material to matters at issue. 28 C.F.R. 68.16. Where a consolidated hearing is held, a single record of proceedings will be made, the evidence introduced in one matter may be considered as introduced in the others, and the hearing officer has discretion to make either a separate or joint decision. Id. This power or discretion to consolidate is subject to due process requirements. Matter of Taerghodsi, supra ("[I]t is within the power of the immigration judge to consolidate proceedings, if such consolidation does not serve to deny the respondent the right to fully and clearly litigate his claims."). Thanks to Sheila Stuhlman

First Circuit

JUDICIAL REVIEW " JURISDICTION " DISCRETIONARY DENIAL OF RELIEF
Lopez v. Holder, ___ F.3d ___, 2014 WL 185541 (1st Cir. Jan. 17, 2014) (affirming BIAs order affirming removal order, because IJ exercised discretion in denying waivers based on extreme hardship, 8 U.S.C. 1186a(c)(4)(A), and good faith, id. 1886a(c)(4)(B), of the joint-filing requirement for removal of conditions on permanent residency, id. 1186a(c)(1)(A), so the noncitizen raised no colorable legal or constitutional claims and review is barred, so the petition is dismissed for want of jurisdiction under 8 U.S.C. 1252(a)(2)(B)).

Tenth Circuit

JUDICIAL REVIEW - PETITION FOR REVIEW - IJ MUST ISSUE REMOVAL ORDER TO CONFER PETITION FOR REVIEW JURISDICTION ON COURT OF APPEALS - BIA HAS NO INDEPENDENT STATUTORY AUTHORITY TO ISSUE A REMOVAL ORDER IN FIRST INSTANCE
Sosa-Valenzuela v. Gonzales, 483 F.3d 1140 (10th Cir. May 1, 2007) (court of appeals lacks petition for review jurisdiction under 8 U.S.C. 1252(a)(1), 1101(a)(47)(A) unless IJ first either issues order of removal or makes finding of deportability; BIA has no independent statutory authority to issue an order of removal in the first instance).