Merton David Lopez, A091 085 417 (BIA Dec. 13, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion for continuance pending the adjudication of a Form I-130 that would allow him to apply for a waiver under Section 212(h) of the INA. The Board stated that immigration judge did not meaningfully consider the factors listed in Matter of Hashmi, 24 l&N Dec. 785 (BIA 2009), but rather observed that waivers under Section 212(h) of the INA are not typically granted for persons convicted of robbery and that the respondent may not merit favorable exercise of discretion. The decision was written by Member Roger Pauley.