United States Ninth Circuit

In a petition for review of an order of the BIA dismissing petitioner's appeal of an administrative order of removal, petition is granted with a remand where the immigration judge incorrectly held that petitioner, and native and citizen of Nicaragua, abandoned his pending application for adjustment of status under Section 202 of the NACARA as of the moment he drove from the United States into Mexico, even if his unplanned departure was not desired and he immediately turned around and attempted to return.

Appellate Information

• Decided 11/30/2011
• Published 11/30/2011

Judges

• SEABRIGHT

Court

• United States Ninth Circuit

Counsel