Vasquez De Alcantar v. Holder Jr., No. 08-71427 (9th Cir. 2011)
Annotate this CasePetitioner appealed the BIA's decision rejecting the IJ's conclusion that petitioner met the seven years of continuous residence requirement by finding that she was admitted in any status on the day she became the beneficiary of an approved I-130, Petition for Alien Relative. Instead, the BIA determined than an alien with an approved Form I-130 and a pending adjustment of status application only had a pending application of admission and was therefore, not admitted in any status. Therefore, the BIA concluded that petitioner did not meet the seven years of continuous residence requirement for cancellation of removal. The court held that an approved Form I-130 did not confer admission status on an undocumented alien for purposes of showing seven years of continuous residence under 28 U.S.C. 1229b(a)(2). The court also held that an approved Form I-130 petition merely provided an undocumented alien permission to apply for adjustment of status. Accordingly, the petition for review was denied.
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