United States Ninth Circuit

In a petition for review of the BIA's denial of petitioner's application for adjustment of status due to his marriage to a U.S. citizen and cancellation of removal, the petition is granted where the State of California dismissed prior charges against petitioner under California Penal Code section 1210.1, and thus those charges could not be used to render petitioner ineligible for cancellation of removal.

Appellate Information

• Argued 11/06/2009
• Decided 04/23/2010
• Published 04/23/2010

Judges

• Before BETTY B. FLETCHER, WILLIAM C. CANBY, JR., and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Frank P. Sprouls, Law Office of Ricci & Sprouls, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Erica Miles and Keith I. Bernstein, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.