Carrillo De Palacios v. Holder

Mari Matsumoto, Robert Pauw (argued), and Erin Cipolla, Gibbs Houston Pauw, Seattle, WA, for the petitioner.

Tony West, John S. Hogan, Channah M. Farber, and Jessica E. Sherman (argued), Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Before: SUSAN P. GRABER and MILAN D. SMITH, JR., Circuit Judges, and ROGER T. BENITEZ, [*] District Judge.

The opinion filed on June 21, 2011, 651 F.3d 969 , is withdrawn. A superseding opinion will be filed concurrently with this order. Accordingly, the pending petition for rehearing/petition for rehearing en banc (Docket No. 40) is DENIED as moot, without prejudice to refiling a subsequent petition for rehearing and/or petition for rehearing en banc with respect to Section II only.

M. SMITH, Circuit Judge:

Petitioner Maria Matilde Carrillo de Palacios (Carrillo de Palacios) petitions for review of a decision of the Board of Immigration Appeals (BIA). The BIA determined that Carrillo de Palacios is ineligible for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1255 (i), because she is inadmissible under INA section 212(a)(9)(C)(i), 8 U.S.C. § 1182…