Fernandez-Vargas v. Ashcroft, 394 F.3d 881 (10th Cir. Jan. 12, 2005) (the reinstatement statute, 8 U.S.C. 1231(a)(5) (1), bars noncitizen from applying for any form of "relief" under Chapter 12 of U.S.C. Title 8, including adjustment of status under INA 245(i), 8 U.S.C. 1255(i), and there is no impermissible retroactive effect where both the filing of the application to adjust status, and the marriage upon which the application is based, occurred after the effective date of the reinstatement statute).

jurisdiction: 
Tenth Circuit

 

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