Palacios
Palacios v. Holder Jr.
Opinion
Lead Opinion
Smith, J.
ORDER
The opinion filed on June 21, 2011, 651 F.3d 969 , is withdrawn.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.
OPINION
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®, because she is inadmissible under INA section 212(a)(9)(C)®, 8 U.S.C. § 1182 (a)(9)(C)®, and is not eligible for the exception to inadmissibility in INA section 212(a)(9)(C)(ii), 8 U.S.C. § 1182 (a)(9)(C)(ii).
We deny the petition, as the BIA correctly concluded that Carrillo de Palacios returned to the United States after being “ordered removed under ... any ... provision of law, and ... enter[ed] or attempted] to reenter the United States without being admitted,” which renders…