United States Fifth Circuit

Petition for review of a decision holding that petitioner is ineligible to apply for discretionary relief under section 212(c) of the INA is denied as to the section 212(c) claim, but the matter is remanded to the BIA for further proceedings since petitioner was not given an opportunity to apply for an adjustment of status based on his marriage to an American citizen.

Appellate Information

• Decided 03/19/2007
• Published 03/20/2007

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and WIENER and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lawrence Erik Rushton (argued), Bellaire, TX, for Petitioner.


• For Appellees:
  
• Ernesto Horacio Molina, Jr. (argued), Thomas Ward Hussey, Dir., John Clifford Cunningham, U.S. Dept. of Justice, OIL, Washington, DC, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.