AILF has issued a new Practice Advisory that addresses Orozco v. Mukasey, 521 F.3d 1068 (9th Cir. 2008), its current status, and preliminary strategies and arguments - both within and outside of the Ninth Circuit - to avoid its negative impact. In Orozco, the Ninth Circuit held that a non-citizen who obtains entry into the U.S. by fraudulent means is statutorily ineligible for adjustment of status under INA 245(a) because he or she has not been "admitted."
See http://www.ailf.org/lac/pa/orozco-pa.pdf