Herrera-Castillo v. Holder, No. 08-9538

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).

Read Herrera-Castillo v. Holder, No. 08-9538

Appellate Information

Filed July 27, 2009

Judges

Opinion by Judge Tymkovich

Counsel

For Petitioner:

John Elliott Reardon, Glenwood Springs, CO

For Respondent:

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