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Cabaccang v. US Citizenship & Imm. Servs., No. 09-56089

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By FindLaw Staff on December 29, 2010 8:04 PM

Challenge to Denial of Adjustment of Immigration Status

In Cabaccang v. US Citizenship & Imm. Servs., No. 09-56089, an action challenging the denial of plaintiffs' applications for adjustment of immigration status, the court vacated summary judgment for defendants where a district court may not hear an alien's challenge to the government's denial of an application to adjust status when removal proceedings are simultaneously pending against the alien.

  • As the court wrote:  "We must decide whether a district court may hear an alien's challenge to the government's denial of an application to adjust status when removal proceedings are simultaneously
    pending against the alien. We hold it may not."

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