Mortera-Cruz v. Gonzales, ___ F.3d ___, 2005 WL 1076166 (5th Cir. May 9, 2005) (INA 245(i), allowing noncitizens present without admission to adjust status, does not apply to noncitizens inadmissible to the United States under INA 1182(a)(9)(C)(i)(I), which makes permanently inadmissible noncitizens who enter the United States illegally after having previously been present in the United States for over one year (i.e. who have been in the United States for more than one year and have made multiple illegal entries)), accord Berrum-Garcia v. Comfort, 390 F.3d 1159 (10th Cir. 2004). Cf. Lattab v. Ashcroft, 384 F.3d 8, 17 (1st Cir. 2004). But see Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004).
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