Isla
Isla v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Leonarda Miranda Isla, a native and citizen of the Philippines, filed this petition for review of the Board of Immigration Appeals’s decision affirming without opinion the Immigration Judge’s final order of removal. We have jurisdiction to review the petition pursuant to 8 U.S.C. § 1252 (a)(1) and we grant the petition.
Isla asserts that she was given insufficient notice of the consequences of her acceptance of advance parole. Therefore, she argues she was improperly denied the ability to apply for adjustment of status in removal proceedings. We agree.
Isla, who was present in the country since 1992 pursuing a claim for asylum, applied for advance parole in order to travel to the Phillippines and visit her ailing father. Advance parole was granted and she was issued a parole authorization form, which stated in pertinent part:
(emphasis added). Upon her return to the United States, Isla continued to pursue her asylum application. However, she la *137 ter voluntarily withdrew that application to pursue other forms of relief. As a result, the Service initiated removal proceedings charging her as an “arriving alien” without valid entry documents. 8 U.S.C. § 1182…