Case: 19-12963 Date Filed: 04/27/2020 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12963 Non-Argument Calendar ________________________ Agency No. A030-905-960 ALICIA ALONSO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (April 27, 2020) Before WILSON, NEWSOM and BRANCH, Circuit Judges. PER CURIAM: Alicia Alonso seeks review of the final order of the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ) denial of her application for Case: 19-12963 Date Filed: 04/27/2020 Page: 2 of 7 waiver of inadmissibility, which she filed in conjunction with her application for adjustment of status under the Cuban Adjustment Act of 1966 (CAA), Pub. L. No. 89-732, 80 Stat. 1161. On appeal, Alonso makes two arguments. First, she argues that her 2002 Florida conviction for attempted first-degree murder with a deadly weapon, pursuant to Fla. Stat. §§ 782.04(1), 777.04(1), and 775.087, does not render her ineligible for a waiver of inadmissibility under 8 U.S.C. § 1182(h) because Florida’s first-degree murder statute is broader than the generic definition of murder applicable to § 1182(h). Second, she argues for the first time on appeal that she is eligible for a § 1182(h) waiver because she previously received a waiver under 8 U.S.C. § 1182(d)(3). After careful review of the record, we deny Alonso’s petition on the first ground and dismiss her petition on the second ground. I Under the CAA, an alien who is a native or citizen of Cuba can, in certain circumstances, apply to adjust her status to that of a lawful permanent resident. See CAA § 1. 1 Specifically, the CAA provides that: [T]he status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been physically present in the United States for at least two years, may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien makes an application for such adjustment, and 1 The CAA is codified as a historical note to 8 U.S.C. § 1255. 2 Case: 19-12963 Date Filed: 04/27/2020 Page: 3 of 7 the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence. Id. Thus, in order to be eligible for CAA relief, the foreign national must be “admissible to the United States for permanent residence.” Id. If, like Alonso, the foreign national seeking adjustment has been deemed inadmissible, she can seek a waiver of inadmissibility under 8 U.S.C. § 1182(h), which allows the Attorney General to waive inadmissibility in certain circumstances. Importantly, though, the Attorney General may not waive inadmissibility “in the case of an alien who has been convicted of . . . murder or . . . an attempt or ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals