Sarango v. Att'y Gen., No. 10-2737 (3d Cir. 2011)Annotate this Case
Petitioner, a citizen of Ecuador, entered the U.S. illegally in 1991; she was granted voluntary departure in 1995, but did not depart until 1999. She illegally re-entered in 2000 and married a citizen. Using a different alien registration number, she applied for adjustment of status. She also sought to re-apply for admission under her original number. The Department began removal proceedings. The immigration found that her inadmissibility under 8 U.S.C. 1182(a)(9)(C)(i)(II) rendered her statutorily ineligible for adjustment of status and ordered removal to Ecuador. The BIA dismissed an appeal. The Third Circuit denied a petition for review. the BIA correctly concluded petitioner was inadmissible and removeable and that the immigration judge lacked jurisdiction to consider her "nunc pro tunc" request for consent to reapply for admission pursuant to sect. 1182.