United States Tenth Circuit

In a petition for review of the BIA's 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).

Appellate Information

• Decided 07/27/2009
• Published 07/27/2009

Judges

• TYMKOVICH, Circuit Judge., Before LUCERO, TYMKOVICH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs , John Elliott Reardon, Glenwood Springs, CO, for Petitioner.


• For Appellees:
  
• Anh-Thu P. Mai-Windle, Senior Litigation Counsel, and Karen Y. Stewart, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondent.