Tovar v. U.S. Attorney General, No. 10-11314 (11th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of the final order of removal issued by the BIA affirming the IJ's finding that he was removable as charged and denying his applications for adjustment of status and post-order voluntary departure. This case involved petitioner's application for adjustment of status to permanent resident under 8 U.S.C. 1255, in which he asserted his entitlement to classification as a child under the Child Status Protection Act (CSPA), Pub. L. No. 107-208, section 1, 116 Stat. 927. The court held that the BIA correctly concluded that petitioner was not entitled to adjustment of status because he did not meet the requirements under the CSPA to maintain his child status. The court also held that the BIA correctly denied petitioner's request for post-order voluntary departure because he did not reside in the United States for one year immediately preceding the delivery date of the notice to appear. Accordingly, the court denied the petition for review.
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