United States Eleventh Circuit

In a petition for review of the BIA's denial of petitioner's application for a waiver of inadmissibility, the petition is denied where, because petitioner's approved I-140 visa petition did not make him a lawful resident under section 212(h) when the Immigration and Naturalization Service formally approved his application for adjustment, petitioner did not lawfully reside continuously in the U.S. for the seven years preceding the initiation of his removal proceedings on October 25, 2003.

Appellate Information

• Decided 03/10/2010
• Published 03/10/2010

Judges

• PRYOR, Circuit Judge:, Before EDMONDSON and PRYOR, Circuit Judges, and CAMP,District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Steven Alan Goldstein, Pozo Goldstein, LLP, Miami, FL, for Petitioner.


• For Appellees:
  
• David V. Bernal, Lindsay E. Williams, U.S. Dept. of Justice, Office of Immigration Lit., Washington, DC, for Respondent.