Alexander Mansfield v. Eric H. Holder, Jr.

Filing

PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Bobby E. Shepherd and Jane Kelly (UNPUBLISHED) [4239572] [13-2876]

United States Court of Appeals
For the Eighth Circuit
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No. 13-2876
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Alexander J.C. Mansfield
lllllllllllllllllllllPetitioner
v.
Eric H. Holder, Jr., Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: November 12, 2014
Filed: January 30, 2015
[Unpublished]
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Before BYE, SHEPHERD, and KELLY, Circuit Judges.
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PER CURIAM.
Alexander J.C. Mansfield petitions for review of an order entered by the Board
of Immigration Appeals (BIA) affirming an immigration judge's determination that
Mansfield was ineligible for waiver of inadmissibility under 8 U.S.C. § 1182(h)
because he committed an aggravated felony. Mansfield initially entered the United
States on a non-immigrant visa. He later adjusted his status to lawful permanent

Appellate Case: 13-2876

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Date Filed: 01/30/2015 Entry ID: 4239572

resident (LPR). Mansfield argues the aggravated felony bar to waiver of
inadmissibility under § 1182(h) only applies to aliens who initially enter the United
States as LPRs.
Mansfield's argument is foreclosed by circuit precedent. See Roberts v.
Holder, 745 F.3d 928, 932-33 (8th Cir. 2014) (concluding § 1182(h) is ambiguous
with respect to whether it applies to aliens who only obtain LPR status after their
initial entry into the United States, and deferring to the BIA's determination that the
statute applies to persons such as Mansfield). "One panel may not overrule another."
United States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997).
We therefore deny the petition for review.
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Appellate Case: 13-2876

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Date Filed: 01/30/2015 Entry ID: 4239572