Carpio v. Holder, No. 08-9536

In a petition for review of the BIA's denial of petitioner's application for a conditional adjustment of status under 8 U.S.C. section 1255(d), the petition is granted where petitioner met the statutory requirement of being under twenty-one at the time he entered the U.S.  A K-2 visa holder who timely applies for an adjustment of status under section 1255(d) must be under twenty-one when he or she seeks to enter the United States, not when his or her subsequent application for adjustment of status is finally adjudicated.

Read Carpio v. Holder, No. 08-9536

Appellate Information

Filed January 12, 2010

Judges

Opinion by Judge Henry

Counsel

For Petitioner:

Philip M. Alterman, Stern Elkind Curray & Alterman, Denver, CO

For Respondent:

James E. Grimes, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC