Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012) (except where it is not permitted to by the Circuit Court of Appeal with jurisdiction over the case, all LPRs, regardless of how they acquired their LPR status, are subject to the LPR bars to 212(h), and may not apply for 212(h) relief if he or she (a) has not accrued seven years lawful residence in the U.S. before issuance of an NTA, or (b) was convicted of an aggravated felony since becoming an LPR); Bracamontes v. Holder, 2012 WL 1037479 (4th Cir.Mar. 29, 2012); Martinez v.Mukasey, 519 F.3d 532 (5th Cir. 2008); and Lanier v. U.S. Attorney General, 631 F.3d 1363 (11th Cir. 2011), followed in jurisdiction only.

NOTE: In Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010) the Ninth Circuit held that the 212(h) bar applies only to a noncitizen who has been admitted into the United States at the border as a lawful permanent resident. The BIA ought to recognize that the Ninth Circuit also has joined the other circuit courts to find the bar only applies to LPRs who were admitted as LPRs at the border, but it ignores the Ninth Circuit case. For further discussion of the issue, see the federal cases cited below and see Brady, "Update on 212(h)" at www.ilrc.org/crimes and at Bender's Immigration Bulletin.