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Eighth Circuit Upholds Denial of Adjustment of Status

By: Ahmad Yakzan
Published: December 16, 2013

Last week the Eighth Circuit upheld the Board of Immigration Appeals’ decision upholding the denial of an applicant’s adjustment of status application. Luis Garcia-Gonzalez was a native of Mexico and a lawful permanent resident. He was placed in removal proceedings for his 2005 conviction under 18 U.S.C. § 1962(d) for racketeering. He was placed in removal proceedings for committing an aggravated felony. The immigration judge ordered his removal after sustaining the charge and denied his application for adjustment of status since he was inadmissible and the BIA upheld.

In his petition for review he argued that the BIA and the immigration judge erred in ruling that he was ineligible for adjustment. The court ruled that since Garcia-Gonzalez admitted to the essential facts of conspiracy, he was inadmissible and ineligible for adjustment of status.

Ahmad Yakzan

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