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Criminal Law

: Tenth Circuit Blog

Certain Aliens Who Enter Without Inspection Are Ineligible for Status Adjustment

By Shari Allison

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Herrera-Castillo v. Holder, 2009 WL 2217519 (7/27/09) (Published) - An alien who has entered without inspection and remained in the U.S. for more than a year is ineligible for adjustment of status, absent a waiver, such as a hardship waiver. The 10th interprets the relevant statutes which appear to make such an alien both eligible and ineligible to mean that those who are specifically referenced as inadmissible are ineligible but others might still be eligible. That's about as well as I can explain it. Sorry. The 10th applies familiar rules of construction that a statute should not be read to render "nugatory" part of it and specific statutes govern over general ones.

Full post as published by Tenth Circuit Blog on August 04, 2009 (boomark / email).

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