United States Ninth Circuit

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Garfias-Rodriguez v. Holder, 09-72603

A Mexican citizen's petition for review of BIA's removal order is denied where: 1) deferring to the BIA's decision in Briones, aliens who are inadmissible under INA section 212(a)(9)(C)(i)(I) may not apply for adjustment of status under section 245(i); 2) under the five-factor test of Montgomery Ward, this rule can be properly applied to petitioner because he filed his section 245(i) application before any court ruled he was eligible to do so; and 3) 8 U.S.S.C. section 1229(e) unambiguously provides the Attorney General with the same authority to promulgate 8 C.F.R. section 1240.26(i), and petitioner's grant of voluntary departure terminated upon his decision to file a petition for review.

Appellate Information

  • Decided 10/19/2012
  • Published 10/19/2012


  • Bybee


  • United States Ninth Circuit