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Morales-Izquierdo v. Dept. of Homeland Sec., No. 08-35965

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By FindLaw Staff on April 02, 2010 3:45 PM

Morales-Izquierdo v. Dept. of Homeland Sec., No. 08-35965, a habeas petition seeking review of the BIA's denial of petitioner's application to adjust his immigration status to that of a lawful permanent resident.  The court of appeals affirmed the denial of the petition, holding that 1) to permit petitioner's challenge to the denial of his adjustment-of-status application to proceed as a habeas corpus petition would be contrary to a central purpose of the REAL ID Act; 2) a Form I-212 waiver, even if granted, did not cure the inadmissibility of an alien who reentered the U.S. without inspection after a prior removal; and 3) petitioner had no constitutional right to reside in the U.S. simply because other members of his family were citizens or lawful permanent residents.

As the court wrote:  "Petitioner-Appellant Raul Morales ("Morales") filed an application to adjust his immigration status to that of a lawful permanent resident. His application was denied because his prior removal from the United States made him "inadmissible."  Morales filed a petition for a writ of habeas corpus challenging the rejection by an Immigration and Naturalization Service ("INS") official of his adjustment-of-status application, denial of which by the district court prompted this appeal."

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