In a petition for review of a BIA order finding petitioner ineligible for adjustment of immigration status, the petition is denied where 8 U.S.C. section 1255(i) reasonably suggests that Congress considers aliens who accrue a period of unlawful presence more culpable than those immigration violators who do not, and thus, that the former are less deserving of relief under section 1255(i).
Filed July 27, 2009
Opinion by Judge Tymkovich
Anh-Thu P. Mai-Windle, Senior Litigation Counsel, United States Department of Justice, Washington, DC
Karen Y. Stewart, Attorney, Office of Immigration Litigation, Civil Division, United States
Department of Justice, Washington, DC