United States Ninth Circuit

In consolidated petitions for review of the BIA's denial of petitioners' applications for permanent resident status, the petitions are denied where petitioners were ineligible to adjust to lawful permanent resident status via the "grandfathering" regulations implementing Section 245(i) of the Immigration and Nationality Act. As to one petitioner, his marriage occurred after his wife adjusted to lawful permanent resident status, and thus his wife did not impart grandfathered status to him. As to the other petitioner, she was not grandfathered because being a registrant for the Replenishment Agricultural Worker program did not satisfy the requirement of having filed an application for labor certification.

Appellate Information

• Decided 09/01/2009
• Published 09/01/2009

Judges

• McKEOWN, Circuit Judge:, Before STEPHEN S. TROTT, M. MARGARET McKEOWN and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Nicomedes E. Suriel, Phoenix, AZ, for petitioner Landin-Molina., Christopher J. Todd, Mill Valley, CA; Stephen V. Scribner, Santa Rosa, CA, for petitioner Estrada-Mendoza.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Mark C. Walters, Assistant Director, Joanne E. Johnson, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent., Peter D. Keisler, Assistant Attorney General, Emily Anne Radford, Assistant Director, Gjon Juncaj, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.