Shin v. Holder

We consider a non-citizens eligibility for a waiver of inadmissibility under § 212(k) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(k) ("§ 212(k) waiver" or "§ 212(k) relief"). Section 212(k) applies to "immigrants who were unaware of their ineligibility for admission and who could not have discovered the ineligibility by exercise of reasonable diligence." Senica v. INS, 16 F.3d 1013, 1014 (9th Cir. 1994).