Guevara v. Holder Jr., No. 08-72252 (9th Cir. 2011)
Annotate this CasePetitioner appealed the BIA's decision rejecting the IJ's conclusion that receiving an employment authorization document was comparable to being a participant in the Family Unity Program. Instead, the BIA found petitioner ineligible for cancellation of removal because he had not met his seven years of continuous residence, which it determined began on the date his application for adjustment of status was approved. The court held that the grant of employment authorization, pending the approval of adjustment of status to that of an LPR under 8 U.S.C. 1255 did not confer admission status as an undocumented alien for purposes of calculating seven years of continuous residence under 8 U.S.C 1229(a)(2). The court also held that employment authorization, under 8 C.F.R. 274a.12(c), merely allowed such alien the right to work while his or her application for adjustment was being adjudicated. Accordingly, the petition for review was denied.
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