Jovita M. Vargas-de-cordova, Petitioner, v. Immigration & Naturalization Service, Respondent, 946 F.2d 902 (10th Cir. 1991)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. Petitioner's request for oral argument is therefore denied, and the case is ordered submitted without oral argument.

This petition is brought by Jovita Vargas-de-Cordova, a deportable alien, seeking review of a final order of the Board of Immigration Appeals, denying her a waiver of deportation pursuant to section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c).¹  We have reviewed the record and the appellate briefs and conclude that Petitioner has not met the threshold requirement of "lawful unrelinquished domicile of seven consecutive years" in the United States in order to be qualified for consideration under section 212(c).

This case is controlled by Michelson v. Immigration & Naturalization Service, 897 F.2d 465 (10th Cir. 1990), in which we held " [t]he seven year period runs from the time the alien is admitted to permanent residence status." Id. at 469 (emphasis added) (citing Avila-Murrieta v. INS, 762 F.2d 733, 734 (9th Cir. 1985)). Although Petitioner claims to have resided in the United States since 1975, she did not acquire " 'the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws,' " until August 27, 1984. Michelson at 469 (quoting 8 U.S.C. § 1101(a) (20)). We further held that " [p]ermanent residence status is an essential element for discretionary relief under § 1182(c); accordingly, [without the requisite lawful residence status] petitioner [is] ineligible for such relief...." Michelson at 469.

The petition for review is DENIED.