New Practice Advisory, "Orozco v. Mukasey: Current Status of the Case and Preliminary Strategies" (May 19, 2008). This Practice Advisory discusses the holding in 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."
http://www.ailf.org/lac/pa/orozco-pa.pdf.