United States Eleventh Circuit

The BIA has reasonably concluded that the ambiguous phrase "lawfully resided continuously" in INA section 212(h) does not include periods of time during which an alien, who has no other basis for claiming lawful residence, is an applicant for adjustment of status. Accordingly, Petitioner is ineligible for discretionary relief from removal.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• SILER, Circuit Judge:, Before ANDERSON, HULL and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Lourdes Martinez-Esquivel, Maithe Gonzalez, Lourdes Martinez-Esquivel & Associates, P.A., Coral Gables, FL, for Quinchia.


• For Appellees:
  
• Lindsay E. Williams, David V. Bernal, Margaret K. Taylor, U.S. Dept of Justice, OIL, Washington, DC, for Respondent.