Can a defendant who has been convicted of an aggravated felony apply for a waiver of inadmissibility from the Attorney General?

As a general matter, a defendant who has been convicted of an aggravated felony cannot show that he was prejudiced by defects in his underlying proceedings. United States v. GarciaMartinez, 228 F.3d 956, 96364 (9th Cir.2000). This is so because noncitizens convicted of aggravated felonies are removable on that basis, see 8 U.S.C. 1227(a)(2)(A)(iii), and are ineligible for almost all forms of discretionary relief. See id. 1228(b)(5) (barring persons not admitted into the United States, and convicted of aggravated felonies, from any relief from removal that the Attorney General may grant in the Attorney General's discretion); see also id. 1158(b)(2)(B)(i) (barring persons convicted of aggravated felonies from applying for asylum); id. 1229b(a)(3) (cancellation of removal); id. 1229c(a)(1) (voluntary departure).

There are exceptions to this general rule, but they are not relevant here. For example, a person who has been convicted of some statutorily enumerated aggravated felonies, but who is otherwise eligible to apply for admission into the United States, may apply for a waiver of inadmissibility under 8 U.S.C. 1182(h). See Negrete

[774 F.3d 1202]

Ramirez v. Holder,