Ornelas-Gonzalez

Ornelas-Gonzalez v. Mukasey

Good Law
281 F. App'x 714
United States Court of Appeals for the Ninth CircuitJune 5, 2008No. 04-76525California633 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Jaime Ornelas-Gonzalez petitions for review of the Board of Immigration Appeals’ decision affirming without opinion the Immigration Judge’s (“IJ”) decision to deny his application for adjustment of status pursuant to section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255 (i). Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Admissibility is a prerequisite to receiving a discretionary adjustment of status under INA section 245(i). 8 U.S.C. § 1255 (i)(2)(A) (requiring that the alien be “admissible to the United States for permanent residence”). Congress has set forth categories of aliens who are “inadmissible” to the United States, including aliens who have been convicted of a crime of moral turpitude, INA § 212(a)(2)(A)(i)(I), 8 U.S.C. § 1182 (a)(2)(A)(i)(I), and aliens who by fraud or willful misrepresentation of a material fact seek admission into the United States, INA § 212(a)(6)(C)(i), 8 U.S.C. § 1182 (a)(6)(C)(i). The IJ found that Ornelas-Gonzalez was inadmissible both as an alien convicted of a crime of moral turpitude, and as an alien who has willfully…

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