E. W. RODRIGUEZ, 25 I. & N. Dec. 784

Rodríguez, a Salvadoran national, entered without inspection in 1981 and became a lawful permanent resident in 1989 via the legalization program (section 245A).
In 2007, Rodríguez was convicted of bank fraud under 18 U.S.C. § 1344, and removability as an aggravated felon was conceded.
Rodríguez sought relief from removal via adjustment of status and a 212(h) waiver, arguing he is eligible despite the aggravated felony.
The Board previously held Rodríguez ineligible for 212(h) relief because he was not admitted as a permanent resident at a port of entry, relying on the aggravated felony bar language.
The issue presented is whether Martinez v. Mukasey and related line of cases require granting 212(h) relief to Rodríguez, and whether Koljenovic controls outside the Fifth Circuit.
The Board granted a motion to reconsider, remanding for further proceedings, but expressly reserved position in non-Fifth Circuit jurisdictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 212(h) bar applies to post-entry LPR via legalization	Rodríguez: Martinez controls, bars the bar for post-entry LPRs.	Board: Koljenovic controls outside Fifth Circuit; bar applies regardless of entry path.	Remand granted; Martinez controls for this case; 212(h) relief not barred.
Whether Martínez controls removal proceedings outside the Fifth Circuit	Martinez dictates no bar for those not admitted at a port of entry.	Koljenovic and circuit-specific precedents bind in non-Fifth Circuits only to ambiguities; Martinez not controlling here.	Deference to Martinez; pursuant to controlling circuit law, reconsideration granted and remand ordered.

Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008) (aggravated felony bar applies only to aliens admitted as permanent residents at a port of entry)
Lanier v. U.S. Attorney General, 631 F.3d 1363 (11th Cir. 2011) (Lanier rejects Koljenovic, supports Martinez framework in analogous fact pattern)