Lovan v. Holder, 659 F.3d 653 (8th Cir. Oct. 13, 2011) (rejecting the comparable grounds doctrine as applied to a person who would have been eligible for 212(c) relief before the crime of conviction became an aggravated felony: Had Lovan traveled to Laos and returned after his 1991 conviction but before repeal, he would have been considered excludable based on a prior conviction for a crime involving moral turpitude. See 212(a)(2)(A)(i)(I) (1994); In re Olquin"Rufino, 23 I. & N. Dec. 896, 897 (B.I.A.2006). If immigration officials had overlooked this criminal history and admitted him, he would have been eligible for 212(c) relief nunc pro tunc under In re G"A" as construed in Hernandez"Casillas. If that relief was granted, he could not have been deported based upon the same criminal conviction, without regard to the statutory counterpart analysis that was applied to aliens who did not travel in cases like Wadud. In re G"A", 7 I. & N. Dec. at 275. Rather than analyze the issue of retroactive effect in this manner, the BIA majority simply declared that it was free to apply the statutory counterpart doctrine as it has evolved in post-repeal cases. This was an error of law in applying St. Cyr ; accordingly, the agency should proceed to determine whether [Lovan] warrants a 212 waiver. Lovan I, 574 F.3d at 996.).