Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration/ attorney for a face-to-face consultation and give him/her all of the facts surrounding your brother-in-law's situation. He/she would then be in a better position to analyze his case and advise you of his options.
You must consult with an immigration attorney for a review of the case because there is a chance that the last entry bars him permanently from receiving a green card.
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