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Adjustment of Status Due to Marriage, Lawful Permanent Resident Immigration Issues

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By FindLaw Staff on April 23, 2010 1:43 PM

Nunez-Reyes v. Holder, No. 05-74350, concerned a petition for review of the BIA's denial of petitioner's application for adjustment of status due to his marriage to a U.S. citizen and cancellation of removal.  The Ninth Circuit granted the petition on the ground that the State of California dismissed prior charges against petitioner under California Penal Code section 1210.1, and thus those charges could not be used to render petitioner ineligible for cancellation of removal.

Sum v. Holder, No. 05-75776, a petition for review of the BIA's denial of petitioner's application for an 8 U.S.C. section 212(h) waiver of removal because he was convicted of a qualifying offense after his admission as a lawful permanent resident (LPR).  The court of appeals denied the petition, on the ground that, because petitioner was "admitted" as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he was barred from section 212(h) relief.

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