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Ninth Circuit Reminds Us All that Adjustment of Status is Discretionary

  • By: Ahmad Yakzan
  • Published: September 8, 2014

In a decision issued last week, the Ninth Circuit upheld the Attorney General’s discretionary power to deny Adjustment of Status to violent criminals. The Respondent was denied Adjustment of Status, even though he was statutorily eligible, because he was conviction of a sexual abuse crime, which was determined to be a violent crime. An applicant convicted of a violent or dangerous crime must show that the denial of his adjustment would lead to exceptional hardship to his relatives under Matter of Jean. The immigration judge ruled that Valdivias was ineligible for Adjustment of Status in the exercise of discretion and the Board upheld. In upholding the Board’s decision, the court ruled that the circumstances of the crime dictated the denial, in the excercise of discretion. The case is  Torres-Valdivias v. Holder 

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