Carrillo de Palacios v. Holder

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Immigration
  • Date Filed: 01-28-2013
  • Case #: 09-72059
  • Judge(s)/Court Below: Circuit Judge M. Smith for the Court; Circuit Judge Graber and District Judge Benitez
  • Full Text Opinion

"Aliens who are inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(I)-(II) are ineligible for adjustment of status under 8 U.S.C. § 1255(i)."

Following deportation in 1984, Carrillo de Palacios reentered the United States in 1992 and 1997 and faced removal proceedings in 2005. An immigration judge granted her adjustment-of-status application and Carrillo de Palacios appealed the BIA’s reversal of that grant. The Ninth Circuit affirmed the BIA’s reversal, holding that “aliens who are inadmissible under 8 U.S.C. § 1182(a)(9)(C)(i)(I)-(II) are ineligible for adjustment of status under 8 U.S.C. § 1255(i).” Because her circumstances satisfy both elements of inadmissibility–”(1) an order of removal, and (2) subsequent illegal entry or attempted reentry”–Carrillo de Palacios is therefore ineligible for adjustment of status. Carrillo de Palacios argued that this rule was improperly applied to her because she submitted her adjustment application prior to the Court’s ruling in Gonzales that the Torres-Garcias rule applies adjustment application cases. The Court applied the Montgomery Ward factor test “to determine whether she can avoid the retroactive application of Torres-Garcia” and held that the BIA’s retroactive application of Torres-Garcia was appropriate. Finally, Carrillo de Palacios does not qualify for the exception to inadmissibility provided by 8 U.S.C. § 1182(a)(9)(C)(ii) because, despite her proceedings being separated by more than 10 years, she was not physically absent from the United States for a 10 year period. The Court held that applying the exception under these circumstances would be contrary to the legislative purpose of 8 U.S.C. § 1182(a)(9)(C)(ii).

Advanced Search