Husic v. Holder, ___ F.3d ___, 2015 WL 106359 (2d Cir. Jan. 8, 2015) (the aggravated felony bar to eligibility for a waiver of inadmissibility under INA 212(h), applies only to those persons with an aggravated felony conviction who became LPRs at the time that they lawfully entered the United States); but see Matter of Koljenovic, 25 I&N Dec. 219 (2010).

Note: With this decision, the Second Circuit joins the seven other Courts of Appeal"an overwhelming majority"to have rejected Matter of Koljenovic. To date, the Eighth Circuit stands alone in upholding the BIAs decision. The First and the Tenth Circuits have not yet ruled on the issue.