Popescu-Mateffy v. Holder, 678 F.3d 612

Popescu-Mateffy, a Romanian, entered as a temporary worker in 2005 and overstayed with unauthorized work.
He was arrested in SD in April 2007 for DUI; seized pipe and about 7 grams of marijuana in the cab.
May 2007: pleaded guilty to possession of drug paraphernalia in a motor vehicle; license was revoked for 90 days.
DHS issued a Notice to Appear seeking removal on long stay and status violations; IJ deemed him removable and eligible for adjustment of status.
Conviction for drug paraphernalia rendered him inadmissible under INA 212(a)(2)(A)(i)(II); sought 212(h) waiver.
BIA reversed the IJ, holding that the paraphernalia conviction in a vehicle is not within 212(h) as a single offense of simple possession 30g or less.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 212(h) waiver applies	Popescu-Mateffy argues the conduct relates to 30g or less and merits waiver.	BIAEspinoza framework holds the offense is not a single simple possession due to vehicle context.	Not eligible; BIA interpretation sustained

Nijhawan v. Holder, 557 U.S. 29 (2009) (statutory interpretation of 212(h) in relation to 212(a)(2)(A)(i)(II))