Y-N-P, 26 I. & N. Dec. 10

Respondent is a Mexican citizen who entered the United States without inspection on July 13, 2001.
She was convicted in Arizona on April 12, 2010, of facilitating to commit illegally conducting an enterprise (a crime involving moral turpitude).
Respondent admitted inadmissibility under 212(a)(6)(A)(i) and 212(a)(2)(A)(i)(I) based on the conviction.
Immigration Judge denied relief, including special rule cancellation under 240A(b)(2) and a waiver under 212(h).
BIA panel concluded respondent cannot obtain 212(h) to overcome the bar to special rule cancellation and dismissed the appeal.
The Board held that 212(h) waiver is not available to special rule cancellation applicants and affirmed dismissal of the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 212(h) waiver can overcome the 240A(b)(2)(A)(iv) bar	Y-N-P- argues 212(h) applies and overcomes the bar	DHS argues 212(h) does not apply to special rule cancellation	No; 212(h) waiver not available for special rule cancellation

Matter of Bustamante, 25 I&N Dec. 564 (BIA 2011) (sets limits on 212(h) applicability to cancellation)
Gonzalez-Gonzalez v. Ashcroft, 390 F.3d 649 (9th Cir. 2004) (statutory language does not favor unlawful entrants over lawful entrants)
Sanchez v. Holder, 560 F.3d 1028 (9th Cir. 2009) (discretionary waivers under inadmissibility do not extend to removal relief)
Matter of Briones, 24 I&N Dec. 355 (BIA 2007) (recognizes limits on waivers in cancellation contexts)
Matter of A-M-, 25 I&N Dec. 66 (BIA 2009) (discusses scope of suspension of deportation analogies in 240A)