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United States Tenth Circuit


ELKINS v. COMFORT, 03-1184

Denial of plaintiff's petition for adjustment of status is affirmed where she was previously convicted for possession of marijuana under Korean law and her term of probation exceeded what is permissible under the Federal First Offender Act.

Appellate Information

  • Decided 12/21/2004
  • Published 12/21/2004

Judges

  • HARTZ, Circuit Judge., Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Marc Van Der Hout (Stacy Tolchin with him on the briefs), of Van Der Hout, Brigagliano & Nightingale, San Francisco, CA, for Petitioner-Appellant.

  • For Appellees:
  • Papu Sandhu, Senior Litigation Counsel (Emily Anne Radford, Assistant Director, with him on the brief), Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for Respondents-Appellees.
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