In a petition for review of a BIA order finding petitioner ineligible for adjustment of immigration status, the petition is denied where 8 U.S.C. section 1255(i) reasonably suggests that Congress considers aliens who accrue a period of unlawful presence more culpable than those immigration violators who do not, and thus, that the former are less deserving of relief under section 1255(i).
Read Herrera-Castillo v. Holder, No. 08-9538
Appellate Information
Filed July 27, 2009
Judges
Opinion by Judge Tymkovich
Counsel
For Petitioner:
John Elliott Reardon, Glenwood Springs, CO
For Respondent:
Anh-Thu P. Mai-Windle, Senior Litigation Counsel, United States Department of Justice, Washington, DC
Karen Y. Stewart, Attorney, Office of Immigration Litigation, Civil Division, United States
Department of Justice, Washington, DC