United States Ninth Circuit

In a habeas petition seeking review of the BIA's denial of petitioner's application to adjust his immigration status to that of a lawful permanent resident, the denial of the petition is affirmed where: 1) to permit petitioner's challenge to the denial of his adjustment-of-status application to proceed as a habeas corpus petition would be contrary to a central purpose of the REAL ID Act; 2) a Form I-212 waiver, even if granted, did not cure the inadmissibility of an alien who reentered the U.S. without inspection after a prior removal; and 3) petitioner had no constitutional right to reside in the U.S. simply because other members of his family were citizens or lawful permanent residents.

Appellate Information

• Decided 04/02/2010
• Published 04/02/2010

Judges

Court

• United States Ninth Circuit

Counsel