Tall

I. Facts

Tall first arrived in the United States in 1981 without a visa. Tall was paroled into the United States from May 26, 2003 to May 25, 2004 for purposes of pursuing an application for adjustment of status.

On October 3, 2003, Tall pled guilty to one count of coun- terfeit of a registered mark in violation of California Penal Code § 350(a)(2)1 and was placed on probation for three years.

On December 24, 2003, Tall’s application for adjustment of status was denied, and his appeal of this denial was dismissed on October 8, 2004. 1 California Penal Code § 350(a) provides: (a) Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit of a mark regis- tered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office, shall, upon conviction, be punishable as follows: (1) When the offense involves less than 1,000 of the articles described in this subdivision, with a total retail or fair market value less than that required for grand theft as defined in Section 487, and if the person is an individual, he or she shall be pun- ished by a fine of not more than five thousand…