United States Sixth Circuit

A BIA decision denying petitioners' application for adjustment of status is affirmed as the circuit court defers to the BIA's interpretation of the relationship between 8 U.S.C. section 1255(i) and section 1182(a), under which petitioners are inadmissible under section 1182(a)(9)(C)(i)(I) due to their illegal reentry into this country after accruing greater than one year of illegal presence.

Appellate Information

• Decided 02/27/2008
• Published 02/27/2008

Judges

• Before:  MARTIN, GIBBONS, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jennifer M. Rotman, Immigrant Law Group, Portland, Oregon, for Petitioners.  Charles E. Canter, United States Department of Justice, Washington, DC, for Respondent.   ON BRIEF:  Jennifer M. Rotman, Jessica M. Boell, Stephen W. Manning, Immigrant Law Group, Portland, Oregon, Ronald Kaplovitz, Kaplovitz & Associates, Sylvan Lake, Michigan, Mayra Fe Lorenzana-Miles, Brian J. Miles, D'Luge, Miles, Miles & Cameron, Mount Clemens, Michigan, for Petitioners.  Charles E. Canter, Jeffrey J. Bernstein, Michelle Gorden Latour, United States Department of Justice, Washington, DC, for Respondent.