Landin-Molina

We consider here an alien’s eligibility to adjust to lawful permanent resident status via the “grandfathering” regulations implementing § 245(i) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255 (i) (“ § 1255(i)”). Adjustment of status is generally available only to aliens who were inspected and admitted or paroled into the United States,, see INA § 245(a), 8 U.S.C. § 1255 (a); however, under § 1255®, certain aliens who entered this country without inspection may apply for adjustment of status. Section 1255® expired on April 30, 2001, and, at present, its benefits are available only to those aliens who qualify as having been “grandfathered” into the provision. See 8 C.F.R. § 245.10 (b).

This appeal involves two natives and citizens of Mexico, Victor Landin-Molina (“Landin”) and Petra Estrada-Mendoza (“Estrada”), who entered the United States unlawfully. Although these individuals are unrelated, we consolidated their petitions for review with respect to the grandfathering issue.

Landin argues that he is grandfathered by virtue of his marriage to Viviana Ojeda, who adjusted her status as a grandfathered alien. Unfortunately for Landin, the grandfathering provision…