BARKETT, Circuit Judge:
Petitioner Margaret Olayinka Lanier, a citizen and native of Nigeria and a lawful permanent resident of the United States, seeks judicial review of a decision by the Board of Immigration Appeals ("BIA") affirming the Immigration Judge's ("IJ") order that Lanier be removed to Nigeria. Lanier argues that the IJ and BIA erred as a matter of law in determining that she was statutorily ineligible to apply for a discretionary waiver of removal under § 212(h) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(h).
Section 212(h)(1)(B) of the INA gives the Attorney General the discretion to waive the immigration consequences of certain criminal convictions if a person demonstrates that her removal or denial of admission would result in extreme hardship to a U.S. citizen family member. INA § 212(h)(1)(B), 8 U.S.C. § 1182(h)(1)(B). However, certain persons are barred from seeking a discretionary waiver under § 212(h), which states in relevant part:
INA § 212(h), 8 U.S.C. § 1182(h).
Lanier argues that the IJ and BIA erred in finding that this provision applies to her. She contends that, because she adjusted to lawful permanent resident status after she had been living in the United States, she is not a person who has "previously been admitted to the United States as an alien lawfully admitted for permanent residence" as the statute requires. Thus, the issue before us on appeal is whether adjusting to lawful permanent resident status while already living in the United States qualifies as having "previously been admitted to the United States as an alien lawfully admitted for permanent residence" under INA § 212(h).
We review questions of statutory interpretation de novo, looking first and foremost to the statutory text "to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in the case." Delgado v. U.S. Att'y Gen., 487 F.3d 855, 862 (11th Cir.2007) (quoting D'Angelo v. ConAgra Foods, Inc., 422 F.3d 1220, 1235 (11th Cir.2005)); see Quinchia v. U.S. Att'y Gen., 552 F.3d 1255, 1258 (11th Cir. 2008). "Absent a clearly expressed legislative intent to the contrary, the plain and unambiguous language of the statute must prevail." Gonzalez v. McNary, 980 F.2d 1418, 1421 (11th Cir.1993) (quoted with approval in Ward v. U.S. Att'y Gen., 608 F.3d 1198, 1201 (11th Cir.2010)).
The statute provides that the § 212(h) waiver is not available to an "an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence." INA § 212(h),
Congress has defined the phrase "lawfully admitted for permanent residence" as a term of art meaning "the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws." INA § 101(a)(20), 8 U.S.C. § 1101(a)(20). This definition describes a particular immigration status, without any regard for how or when that status is obtained. Thus, this term of art encompasses all persons with lawful permanent resident status, including those who obtained that status prior to or at the time of their physical entry into the United States, as well as those who adjusted their status while already living in the United States. See Martinez v. Mukasey, 519 F.3d 532, 546 (5th Cir.2008) (definition "encompass[es] both admission to the United States as a [lawful permanent resident] and post-entry adjustment to [lawful permanent resident] status").
There is no dispute that Lanier has been "lawfully admitted for permanent residence," and that she obtained such status after already living in the United States for several years. However, § 212(h) does not simply say that a waiver is not available to "an alien lawfully admitted for permanent residence," which would indicate that all lawful permanent residents are barred from § 212(h) relief. Instead, it says that a waiver is not available to "an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence." INA § 212(h), 8 U.S.C. § 1182(h) (emphasis added); see Hing Sum v. Holder, 602 F.3d 1092, 1095 (9th Cir.2010) (parsing statute into two distinct phrases); Martinez, 519 F.3d at 544-45 (same). By including the additional condition of having "previously been admitted" as a lawful permanent resident, Congress has narrowed the class of lawful permanent residents who are barred from seeking this waiver. Thus Lanier's eligibility to seek a waiver turns on whether she has "previously been admitted to the United States as" a lawful permanent resident.
The term "admitted" has expressly been defined by Congress as "the lawful entry of the alien into the United States after inspection and authorization by an immigration officer." INA § 101(a)(13)(A), 8 U.S.C. § 1101(a)(13)(A). This definition is limited, and does not encompass a post-entry adjustment of status. See Martinez, 519 F.3d at 544 ("`admission' is the lawful entry of an alien after inspection, something quite different, obviously, from post-entry adjustment of status") (emphasis in original); Aremu v. Dep't of Homeland Sec., 450 F.3d 578, 581 (4th Cir.2006) ("the statutory definition of `admission' does not include adjustment of status"). See generally Burgess v. United States, 553 U.S. 124, 130, 128 S.Ct. 1572, 170 L.Ed.2d 478 (2008) (Where Congress expressly defines a statutory term, that definition "generally excludes any meaning that is not stated.") (citation omitted).
Thus, when the statutory provision is read as a whole, the plain language of § 212(h) provides that a person must have physically entered the United States, after inspection, as a lawful permanent resident in order to have "previously been admitted
Accordingly, Lanier's petition for review is GRANTED and this matter is REMANDED to the BIA with instructions to remand to the immigration court so that Lanier may seek a waiver of removal pursuant to INA § 212(h), 8 U.S.C. § 1182(h).
PETITION GRANTED and REMANDED.