Delgado-Sobalvarro v. Attorney General, 08-1679

Nicaraguan citizens' petition for review of BIA's dismissal of their application for adjustment status affirmed

Delgado-Sobalvarro v. Attorney General, 08-1679, concerned a Nicaraguan citizens' petition for review of the BIA's dismissal of their application for adjustment status.  In denying the petition, the court held that the petitioners are not eligible to adjust status under section 245 on the basis of their section 236 conditional parole as a conditional parole under section 236 does not constitute parole into the United States for the purposes of adjustment of status under section 245.  Further, the court rejected petitioners' due process claims are rejected, and also held that petitioners cannot demonstrate prejudice from any delay in adjudicating the I-130 petitions.

Related Link:

• Read the Third Circuit's Decision in Delgado-Sobalvarro v. Attorney General, 08-1679