United States Ninth Circuit

Petitioner was not eligible to adjust her status to that of a lawful permanent resident, where: 1) she was inadmissible under 8 USC 1182(a)(9)(C)(i), because after she was ordered removed she returned to the United States without being admitted; 2) the agency's statutory interpretation of this statute applies retroactively; and 3) she did not qualify for the exception to inadmissibility in section 1182(a)(9)(C)(ii), which requires that an alien obtain permission to apply for readmission from outside the United States after ten years have lapsed from the date of her last departure. (Second Superseding Opinion)

Appellate Information

• Decided 01/28/2013
• Published 01/28/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel