Case Explained: Non-Argument Calendar ROSA PERALTA v. U.S. ATTORNEY GENERAL

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-07-27 The eleventh-circuit dismissed the petition for review filed by Rosa Peralta, a lawful permanent resident seeking a waiver of inadmissibility under INA § 212(h) and adjustment of status under INA § 245(a). The court held that it lacked subject matter jurisdiction to review the denial because the Board of Immigration Appeals (BIA) affirmed the Immigration Judge’s (IJ) decision solely as a matter of ultimate discretion, without addressing the IJ’s underlying statutory eligibility determination regarding Peralta’s criminal conviction or her failure to meet the “extreme hardship” standard. Under the principle that appellate review is limited to the grounds upon which the administrative order was based, and citing *Wilkinson v. Garland*, the court determined that it cannot review an agency’s discretionary decision to deny a waiver even if the petitioner met statutory requirements. Consequently, Peralta’s challenge to the balancing of equities and hardship findings was deemed beyond the court’s jurisdictional purview, resulting in the dismissal of her petition. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.