United States Third Circuit

Nicaraguan citizens' petition for review of the BIA's dismissal of their application for adjustment status is denied where: 1) the petitioners are not eligible to adjust status under section 245 on the basis of their section 236 conditional parole as a conditional parole under section 236 does not constitute parole into the United States for the purposes of adjustment of status under section 245; 2) petitioners' due process claims are rejected; and 3) petitioners cannot demonstrate prejudice from any delay in adjudicating the I-130 petitions.

Appellate Information

• Argued 07/13/2010
• Decided 11/02/2010
• Published 11/02/2010

Judges

• ROTH

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph C. Hohenstein, Gregory G. Katsas