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 held that the BIA correctly concluded that petitioner returned to the United States after having been "unlawfully present in the United States for an aggregate period of more than 1 year," which rendered her inadmissible under 8 U.S.C. 1182(a)(9)(C)(i)(I). The court rejected petitioner's argument that the section 1182(a)(9)(C)(i)(I) one-year period of unlawful presence must occur after the April 1, 1997 effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), 8 U.S.C. 1101. The court further held that the BIA correctly concluded that petitioner did not satisfy the requirements of 8 U.S.C. 1182(a)(9)(C)(ii)'s exception to inadmissibility and held that in order to be eligible under this section, an alien must remain outside the United States for more than ten years before returning to the United States. Accordingly, the court denied the petition for review.
The court issued a subsequent related opinion or order on December 1, 2011.
The court issued a subsequent related opinion or order on January 28, 2013.
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