Carrillo De Palacios v. Holder, Jr., No. 09-72059 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of a decision of the BIA determining that petitioner was ineligible for adjustment of status under section 245(i) of the Immigration and Nationality Act ("INA"), 8 U.S.C. 1255(i), because she was inadmissible under INA section 212(a)(9)(C)(i), 8 U.S.C. 1182(a)(9)(C)(i), and was not eligible for the exception to inadmissibility in INA section 212(a)(9)(C)(ii), 8 U.S.C. 1182(a)(9)(C)(ii). The court denied the petition and held that the BIA correctly concluded that petitioner returned to the United States after being "ordered removed under...any...provision of law, and...enter[ed] or attempt[ed] to reenter the United States without being admitted," which rendered her inadmissible under 8 U.S.C. 1182(a)(9)(C)(i)(II). The BIA also correctly concluded that petitioner did not satisfy the requirements of 8 U.S.C. 1182(a)(9)(C)(ii)'s exception to inadmissibility. The court held that in order to be eligible under 8 U.S.C. 1182(a)(9)(C)(ii), an alien must register outside the United States for more than ten years before returning to the United States.
This opinion or order relates to an opinion or order originally issued on June 21, 2011.
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