Trejo-Romero v. Gonzales, No. 05-60464 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 1, 2006 Charles R. Fulbruge III Clerk No. 05-60464 Summary Calendar CRESCENCIO TREJO-ROMERO, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. ------------------------------------------------------Petition for Review of an Order of the Board of Immigration Appeals BIA No. A76 823 890 ------------------------------------------------------Before DeMOSS, STEWART and PRADO, Circuit Judges. PER CURIAM:* Crescencio Trejo-Romero seeks review of the decision of the Board of Immigration Appeals (BIA) decision affirming the immigration judge s (IJ) denial of adjustment of status. Trejo-Romero has also filed a motion to remand correctly contending that recent amendments to 8 C.F.R. § 1245 * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 05-60464 -2eliminate the regulatory basis for the immigration judge s decision denying him adjustment of status. See 71 Fed. Reg. 27585 (May 12, 2006). The respondent does not oppose the motion to remand. Accordingly, Trejo-Romero s petition for review and motion to remand are GRANTED, the BIA s decision is VACATED, and the matter is REMANDED for a determination of whether TrejoRomero qualifies for adjustment of status pursuant to amended 8 C.F.R. § 1245.2(a)(1)(ii). -2-

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