United States Second Circuit

Petition for review is denied where the BIA reasonably found that aliens who are inadmissible because they entered the U.S. unlawfully after accruing more than a year of prior unlawful presence are foreclosed from adjusting their status under 8 U.S.C. section 1255(i) on the basis of approved immigrant visa applications.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• LIVINGSTON, Circuit Judge., Before McLAUGHLIN, SACK, LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert C. Ross, Esq., West Haven, CT, for Petitioners.


• For Appellees:
  
• Briena L. Strippoli (Jennifer Lightbody, on the brief), Office of Immigration Litigation, United States Department of Justice, for Jeffrey S. Bucholtz, Acting Assistant Attorney General, United States Department of Justice, Washington, DC, for Respondent.