(D)  Arriving Aliens.  Prior to 1997, noncitizens in exclusion proceedings were allowed to apply for adjustment of status before an Immigration Judge.[1]  However, in 1997, the Attorney General published a new regulation that barred this practice for noncitizens charged with a ground of inadmissibility (so-called “arriving aliens”[2]).[3]  The courts became split, with the First, Third and Eleventh Circuits holding that the regulation was ultra vires to the statute,[4] the Ninth Circuit appearing to agree, at least as applied to people making an initial application to adjust,[5] and the Fifth and Eighth Circuits holding the regulation valid.[6]  The BIA itself suggested that certain “arriving aliens” were eligible to adjust status despite the regulation.[7]  In response to the circuit split, and a pending appeal to the United States Supreme Court, the DHS chose to amend the regulations to resolve the split in favor of allowing certain “arriving aliens” to adjust status while in inadmissibility proceedings.[8]

 

The courts are split as to whether a noncitizen who entered under the Visa Waiver Program,[9] overstayed, and then applied for adjustment of status, continue to be restricted by the restraints placed upon entrants under that program.[10]

[1] Matter of CH, 9 I. & N. Dec. 265 (Ass’t Comm’r 1961) (noncitizen in exclusion proceedings eligible to apply for adjustment of status if s/he is otherwise qualified).

[2] 8 C.F.R. § 1101.1(q).  See § 15.3, supra.

[3] 8 C.F.R. § 1245.1(c)(8); 8 C.F.R. 245.1(c)(8) (arriving aliens can adjust before DD only if they have not currently or formerly been put in removal proceedings). See Government Response to Comments, “Implementing Certain Sections of the 1996 Immigration Reform Act (Mar. 6, 1997),” 62 Fed. Reg., No. 44, pages 10311-10395; Alvarez-Garcia v. Ashcroft, 378 F.3d 1094 (9th Cir. Aug. 10, 2004) (noncitizen in exclusion proceedings has no right to adjust status before the IJ; noncitizen must instead apply to District Director).

[4] Scheerer v. United States Att’y Gen., 445 F.3d 1311 (11th Cir. Apr. 13, 2006) (8 C.F.R. § 1245.1(c)(8), which prohibits petitioner from applying for change of status as an arriving alien in removal proceedings, is ultra vires to INA § 245(a), and therefore invalid); Zheng v. Gonzalez, 422 F.3d 98 (3d Cir. Sep 8, 2005) (regulation at 8 C.F.R. § 1245.1(c)(8), barring adjustment of status for “arriving aliens,” is ultra vires to the INA); Succar v. Ashcroft, 394 F.3d 8 (1st Cir. Jan. 5, 2005) (8 C.F.R. § 245.1(c)(8), which bars noncitizens who have been paroled into the United States and placed in removal proceedings from applying for adjustment of status, held invalid as inconsistent with 8 U.S.C. § 1255(a)).

[5] Compare Bona v. Gonzalez, 425 F.3d 663 (9th Cir. Sept. 30, 2005) (DHS regulation precluding “arriving aliens” from seeking adjustment of status in removal proceedings is ultra vires to the INA), with Jiang v. Gonzales, 425 F.3d 649 (9th Cir. Sept. 23, 2005) (noncitizen ineligible for adjustment of status as “arriving alien”).  Bona may be distinguishable from Jiang on the basis that Jiang had previously applied for adjustment of status to the district director and had been denied, where Bona had not previously made an application.

[6] Akhtar v. Gonzales, 450 F.3d 587 (5th Cir. May 23, 2006) (regulation precluding applications for adjustment of status from “paroled” “arriving aliens” in removal proceedings, 8 C.F.R. § 245.1(c)(8) (1997), is not ultra vires to statute); Momin v. Gonzales, 447 F.3d 447 (5th Cir. Apr. 25, 2005); Mouelle v. Gonzalez, 416 F.3d 923 (8th Cir. July 29, 2005).

[7] Matter of Artigas, 23 I. & N. Dec. 99 (BIA 2001) (suggesting argument that certain arriving noncitizens may adjust status under INA § 245(i), 8 U.S.C. § 1255(i)).  See also Mary Kenney, AILF Practice Advisory, Adjustment of Status for “Arriving Aliens” In Removal Proceedings:  Strategy Decisions to Challenge 8 C.F.R. § 245.1(c)(8) (Oct. 18, 2005) available at http://www.ailf.org/lac/lac_pa_101805.pdf.

[8] Mouelle v. Gonzales, 126 S.Ct. 2964 (Mem.) (Jun. 26, 2006) (denying cert. and vacating decision in Mouelle v. Gonzales, 416 F.3d 923 (8th Cir. Jul 29, 2005) for further consideration of new interim regulation).  See AILA Practice Advisory, Arriving Aliens and Adjustment of Status: What is the Impact of the Government’s Interim Rule of May 12, 2006 (Updated October 3, 2006).  http://www.ailf.org/lac/ar_alien.pdf.

[9] See § 15.3, supra.

[10] Compare Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. Apr. 21, 2006) (bar to review of denial of benefits for those who entered United States via Visa Waiver Program does not apply to noncitizen who has filed an adjustment of status application as an immediate relative), with Ferry v. Gonzales, 457 F.3d 1117 (10th Cir. Aug. 8, 2006) (noncitizen who overstays authorized time under Visa Waiver Program and files for adjustment of status after he has overstayed, but before issuance of a removal order, has waived right to contest subsequent removal order through renewed application for adjustment of status, or to otherwise seek review of the previously filed adjustment of status).

RELIEF " ADJUSTMENT OF STATUS " GAY MARRIAGE
United States v. Windsor, __ S.Ct. __ (Jun. 26, 2013) (the Defense of Marriage Acts violated equal protection by denying federal benefits to gay married couples).

RELIEF - ADJUSTMENT OF STATUS - DISTRICT COURT FINDS JURISDICTION TO REVIEW ADJUSTMENT OF STATUS APPLICATION PRIOR TO RENEWING REQUEST IN REMOVAL PROCEEDINGS
Hillcrest Baptist Church v. U.S.A., __ F.Supp.2d __, 2007 U.S. Dist. LEXIS 12782 (W.D. Wash. 2007) (under Ninth Circuit precedent, 28 USC 1331 (federal question jurisdiction) and the Administrative Procedure Act give the court jurisdiction to review DHS denial of adjustment of status before the noncitizen in placed in removal proceedings).

BIA

ADJUSTMENT OF STATUS " ADAM WALSH ACT " RETROACTIVITY
Matter of Jackson, 26 I. & N. Dec. 314 (BIA May 20, 2014) (Adam Walsh Act applies to all convictions suffered by any United States citizen at any time, even those occurring before the AWAs enactment).

ADJUSTMENT OF STATUS " ASYLEE
Matter of C-J-H, 26 I. & N. Dec. 284 (BIA 2014) (noncitizen who has already adjusted status from asylee to LPR cannot re-adjust under INA 209(b), as a defense to removal).

INADMISSIBILITY " UNLAWFUL PRESENCE BAR " DEPARTURE UNDER ADVANCE PAROLE DOES NOT TRIGGER INADMISSIBILITY
Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA Apr. 17, 2012) (noncitizen who leaves the United States temporarily pursuant to a grant of advance parole does not thereby make a departure . . . from the United States within the meaning of INA 212(a)(9)(B)(i)(II), 8 U.S.C. 1182(a)(9)(B)(i)(II)); clarifying Matter of Lemus, 24 I&N Dec. 373 (BIA 2007), so the ten-year unlawful presence ground of inadmissibility, under INA 212(a)(9)(B)(i)(II), 8 U.S.C. 1182 (a)(9)(B)(i)(II), did not bar noncitizen with pending application to adjust status to legal permanent residency, who left the U.S. with advance parole).

RELIEF " ADJUSTMENT OF STATUS " ADVANCE PAROLE
Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA Apr. 17, 2012) (noncitizen who leaves the United States temporarily pursuant to a grant of advance parole does not thereby make a departure . . . from the United States within the meaning of INA 212(a)(9)(B)(i)(II), 8 U.S.C. 1182(a)(9)(B)(i)(II)); clarifying Matter of Lemus, 24 I&N Dec. 373 (BIA 2007).

RELIEF"ADJUSTMENT OF STATUS"INA 245(i)
Matter of Svetislav Ilic, 25 I.& N. Dec. 717 (BIA 2012) (to independently qualify for adjustment of status under INA 245(i), 8 U.S.C. 1255(i), as a derivative grandfathered alien, the principal beneficiary of the qualifying visa petition must satisfy the requirements for grandfathering, including the physical presence requirement of INA 245(i)(1)(C) of the Act, if applicable).

RELIEF " ADJUSTMENT OF STATUS " ADMISSION " MARIANA ISLANDS ADMISSION
Matter of C. Valdez, 25 I&N Dec. 824 (BIA 2012) (pre-November 28, 2009, admission to the Commonwealth of the Northern Mariana Islands (CNMI) by the CNMI Immigration Service does not constitute an inspection and admission or parole into the United States for purposes of adjustment of status pursuant to INA 245(a), 8 U.S.C. 1255(a) (2006)). http://www.justice.gov/eoir/vll/intdec/vol25/3755.pdf

RELIEF " ADJUSTMENT OF STATUS " 5 YEAR STATUTE OF LIMITATIONS ON RESCISSION
Matter of Cruz de Ortiz, 25 I&N Dec. 601 (BIA Sept. 20, 2011) (the 5-year statute of limitations to rescission of LPR status, in INA 246(a), 8 U.S.C. 1256(a), relates only to proceedings to rescind lawful permanent resident status acquired through adjustment of status, and is therefore inapplicable to bar the removal of an alien who was admitted to the United States with an immigrant visa), distinguishing Garcia v. Attorney General of the United States, 553 F.3d 724 (3d Cir. 2009).

RELIEF - ADJUSTMENT OF STATUS - PAROLE
Matter of Castillo-Padilla, 25 I&N Dec. 257 (BIA Jun. 18, 2010) (conditional parole under INA 236(a)(2)(B) is a distinct and different procedure from parole under INA 212(d)(5)(A), and does not count as "parole" under INA 245(a) for purposes of adjustment of status).

RELIEF " ADJUSTMENT OF STATUS " INA 245(i) GRANDFATHERING LIMITS
Matter of Legaspi, 25 I. & N. Dec. 328 (BIA 2010) (noncitizen is not independently grandfathered for purposes of adjustment of status under INA 245(i), simply by virtue of marriage to another noncitizen who is grandfathered under section 245(i) as the result of having been a derivative beneficiary of a visa petition).

RELIEF - ADJUSTMENT OF STATUS - USCIS HAS EXCLUSIVE JURISDICTION TO ADJUDICATE ARRIVING ALIEN APPLICATION FOR ADJUSTMENT EVEN AFTER AN UNEXECUTED REMOVAL ORDER HAS BECOME ADMINISTRATIVELY FINAL
Matter of Yauri, 25 I. & N. Dec. 103 (BIA Oct. 28, 2009) (with a narrow exception not applicable to this case, USCIS has exclusive jurisdiction to adjudicate an arriving aliens application for adjustment of status under 8 C.F.R. 245.2(a)(1) and agrees that it retains jurisdiction to adjudicate the application even where an unexecuted administratively final order of removal remains outstanding).

RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIEN - CUBAN REFUGEE ADJUSTMENT ACT
Matter of Martinez-Montalvo, 24 I. & N. Dec. 778 (BIA 2009) (under 8 C.F.R. 245.2(a)(1) and 1245.2(a)(1)(ii), Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732,80 Stat. 1161, as amended, with the limited exception of an alien who has been placed in removal proceedings after returning to the United States pursuant to a grant of advance parole to pursue a previously filed application), superseding Matter of Artigas, 23 I. & N. Dec. 99 (BIA 2001).

RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIEN - CUBAN REFUGEE ADJUSTMENT ACT
Matter of Martinez-Montalvo, 24 I. & N. Dec. 778 (BIA 2009) (under 8 C.F.R. 245.2(a)(1) and 1245.2(a)(1)(ii), Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732,80 Stat. 1161, as amended, with the limited exception of an alien who has been placed in removal proceedings after returning to the United States pursuant to a grant of advance parole to pursue a previously filed application), superseding Matter of Artigas, 23 I. & N. Dec. 99 (BIA 2001).

RELIEF - ADJUSTMENT - PROOF OF BONA FIDE MARRIAGE
Matter of Jara Riero and Jara Espinol, 24 I. & N. Dec. 267 (BIA 2007) (noncitizen seeking to establish eligibility for adjustment of status under INA 245(i), 8 U.S.C. 1255(i) (2000), on the basis of a marriage-based visa petition must prove the marriage bona fide at its inception to establish the visa petition was "meritorious in fact" pursuant to 8 C.F.R. 1245.10(a)(3)). http://www.usdoj.gov/eoir/vll/intdec/vol24/3577.pdf

RELIEF - ADJUSTMENT OF STATUS - UNAVAILABLE TO NONCITIZEN SUBJECT TO UNLAWFUL PRESENCE GROUND OF INADMISSIBILITY
Matter of Lemus-Losa, 24 I. & N. Dec. 373 (BIA 2007) (adjustment of status under INA 245(i), 8 U.S.C. 1255(i) (2000), is unavailable to a noncitizen who is inadmissible under INA 212(a)(9)(B)(i)(II), 8 U.S.C. 1182(a)(9)(B)(i)(II)). http://www.usdoj.gov/eoir/vll/intdec/vol24/3591.pdf

RELIEF - ADJUSTMENT OF STATUS - UNAVAILABLE TO NONCITIZEN SUBJECT TO UNLAWFUL PRESENCE GROUND OF INADMISSIBILITY
Matter of Briones, 24 I. & N. Dec. 355 (BIA 2007) (adjustment of status under INA 245(i), 8 U.S.C. 1255(i), is not available to a noncitizen who is inadmissible under unlawful presence bar of INA 212(a)(9)(C)(i)(I), 8 U.S.C. 1182(a)(9)(C)(i)(I)), disagreeing with Acosta v. Gonzales, 439 F.3d 550 (9th Cir. 2006); Padilla-Caldera v. Gonzales, 426 F.3d 1294, amended and superceded on rehg, 453 F.3d 1257 (10th Cir. 2005). http://www.usdoj.gov/eoir/vll/intdec/vol24/3590.pdf

JUVENILES - ADJUSTMENT WITH MULTIPLE CMT OFFENSES
Matter of C-M, 5 I. & N. Dec. 327 (BIA 1953) (adult cannot admit inadmissibility for admitting conduct that would have involved moral turpitude except that he admitted to no more than juvenile delinquency). Since the FAM [specifically 22 C.F.R. 40.21] does not apply to adjustment, the BIA case is binding on CIS.

RELIEF - ADJUSTMENT OF STATUS - BURDEN OF PROOF
Kirong v. Mukasey, 529 F.3d 800 (8th Cir. Jun. 20, 2008) (noncitizen seeking to adjust status as a defense to removal must establish clearly and beyond doubt that he is not inadmissible to the United States).

First Circuit

ADJUSTMENT OF STATUS - LIFE ACT
Echevarria v. Gonzales, 505 F.3d 16 (1st Cir. Oct. 4, 2007) (denial of adjustment of status under the LIFE Act was proper where the I-130 visa petition was not approvable when filed because of marriage fraud).

ADJUSTMENT OF STATUS - FRAUD
Mejia-Orellana v. Gonzales, 502 F.3d 13 (1st Cir. Sept. 6, 2007) (noncitizen who obtained lawful permanent resident status by fraud has not been lawfully admitted to the United States and is therefore ineligible for LPR cancellation of removal).

Second Circuit

ADJUSTMENT OF STATUS " VISA WAIVER PROGRAM
Gjerjaj v. Holder, 691 F.3d 288 (2nd Cir. Aug. 28, 2012) (noncitizen from non-VWP country who fraudulently enters the U.S. with a false passport from a VWP country is bound by VWP restriction on removal proceedings).

RELIEF " ADJUSTMENT OF STATUS " RESCISSION " FIVE-YEAR BAR
Adams v. Holder, 692 F.3d 91 (2d Cir. Aug. 15, 2012) (the five-year limitation on rescinding an alien's adjusted status, INA 246(a), 8 U.S.C. 1256(a), does not apply to persons who obtained LPR status via consular processing: adjustment of status under the INA is properly construed as a technical term describing a process whereby certain aliens physically present in the United States may obtain permanent resident status ... without leaving the United States. Succar v. Ashcroft, 394 F.3d at 13 (quoting 3B Am.Jur.2d Aliens & Citizens 2134) (omission in original). Such a process does not extend to consular grants of immigrant visas.; five-year statute of limitations also does not bar removal proceedings).

RELIEF " ADJUSTMENT OF STATUS " RELEASE ON CONDITIONAL PAROLE PENDING REMOVAL PROCEEDINGS IS NOT PAROLED INTO UNITED STATES SO AS TO BE ELIGIBLE FOR ADJUSTMENT
Cruz-Miguel v. Holder, ___ F.3d ___, 2011 WL 1565847 (2d Cir. Apr. 27, 2011)(an alien released on conditional parole pending resolution of ongoing removal proceedings is not thereby paroled into the United States so as to be eligible for adjustment of status).

RELIEF - INADMISSIBILITY - 10-YEAR BAR - ADJUSTMENT OF STATUS
Mora v. Mukasey, 550 F.3d 231 (2d Cir. Dec. 16, 2008) (noncitizens inadmissible under INA 212(a)(9)(C)(i)(I) because they entered the United States after accruing more than one year unlawful presence are unable to adjust status under INA 245(i); deferring to Matter of Briones, 24 I. & N. Dec. 355 (BIA 2007)).

RELIEF - LAWFUL PERMANENT RESIDENT STATUS TERMINATED BY OPERATION OF LAW BY FAILURE TO APPEAR AT INTERVIEW ON PETITION TO REMOVE CONDITIONS ON LPR STATUS
Severino v. Mukasey, 549 F.3d 79 (2d Cir. Dec. 3, 2008) (conditional permanent resident status terminates by operation of law on second anniversary of the date the CLPR status is granted unless CLPR timely files petition to remove condition and appears at scheduled interview; failure to appear at interview resulted in termination of LPR status).

RELIEF - ADJUSTMENT OF STATUS - RESCISSION - JUDICIAL REVIEW
Sharkey v. Quarantillo, 541 F.3d 75 (2d Cir. Sept. 3, 2008) (district court had jurisdiction to determine whether DHS had followed proper procedure, under 8 C.F.R. 246.1, in rescission of noncitizens LPR status; fact that noncitizen was not properly granted LPR status does not mean DHS can revoke status without following rescission procedures).

RELIEF - ADJUSTMENT OF STATUS - PROOF OF STATUS
Sharkey v. Quarantillo, 541 F.3d 75 (2d Cir. Sept. 3, 2008) ("because the agency has a non-discretionary duty to provide LPRs with proof of their status, see Etuk v. Slattery, 936 F.2d 1433, 1448 (2d Cir.1991) (holding that the relevant statutes and regulations require that LPRs be provided with documentation of their rightful legal status (emphasis added)), Section 1252(a)(2)(B) does not strip the district court of jurisdiction to review whether Sharkey is owed proof of her status.")

Third Circuit

ADMISSION"VISA WAIVER PROGRAM
Vera v. Atty General, 672 F.3d 187 (3d Cir. Mar. 1, 2012) (court may presume visa waiver entrant executed the statutorily required waiver of her right to challenge removal; even if waiver was not signed or invalid, prejudice must also be shown).

ADJUSTMENT OF STATUS " RESCISSION " STATUTE OF LIMITATIONS
Malik v. Atty Gen. of the U.S. (3d Cir. Oct. 4, 2011) (five-year statute of limitations for rescission of LPR status, at INA 246(a), applies to LPRs who obtained their status through adjustment of status, but not those who entered after consular processing).

RELIEF " ADJUSTMENT OF STATUS " INA 212(a)(9)(C) PERMANENT BAR NOT WAIVED BY LIFE ACT
Cheruku v. Attorney General of U.S., ___ F.3d ___, 2011 WL 4392429 (3d Cir. Sept. 22, 2011) (noncitizen barred from adjustment of status under INA 245(i) where the noncitizen is subject to inadmissibilty under INA 212(a)(9)(C)).

RELIEF " ADJUSTMENT OF STATUS " PAROLE
Delgado-Sobalvarro v. Attorney General of U.S., 625 F.3d 782 (3d Cir. Nov. 2, 2010) (petitioners were not eligible to adjust status under INA 245 on the basis of their INA 236 conditional parole, since conditional parole does not constitute parole into the United States for the purposes of adjustment of status under INA 245).

ADJUSTMENT OF STATUS - MISREPRESENTANTIONS
Garcia v. Atty Gen. of U.S., 545 F.3d 252 (3d Cir. Oct. 28, 2008) (five-year statute of limitations period for Attorney General to rescind a noncitizens adjustment of status on ground that noncitizen was ineligible for such adjustment, under 8 U.S.C. 1256(a), also bars DHS from charging deportability because she was inadmissible at time of entry or adjustment of status under INA 212(a)(7)(A)(i)(I), after a five year period).

ADJUSTMENT OF STATUS - STATUTE OF LIMITATIONS - FIVE-YEAR STATUTE OF LIMITATIONS BARS REMOVAL PROCEEDINGS ON THE BASIS OF A GROUND OF DEPORTATION KNOWN TO THE GOVERNMENT AT THE TIME IT ATTEMPTED TO RESCIND LAWFUL PERMANENT RESIDENT STATUS
Bamidele v. INS, 99 F.3d 557 (3d Cir. Nov. 1, 1996) (government was held time-barred by the five-year statute of limitations in INA 246(a), 8 U.S.C. 1256(a), from rescinding noncitizen's status on the sole grounds of his misconduct - obtaining AOB under INA 245(a), 8 U.S.C. 1255(a) on the basis of a sham marriage -- in obtaining the adjustment since it could not be rescinded because the government had this information, and took no action to rescind for five years, and therefore noncitizen could not be deported on that basis, so court of appeals granted review and vacated the deportation order).

Fourth Circuit

RELIEF " ADJUSTMENT OF STATUE " INA 245(i) " EQUITABLE TOLLING
Prasad v. Holder, __ F.3d __ (4th Cir. Jan. 12, 2015) (April 30, 2001 deadline for submitting visa petition under INA 245(i), is not subject to equitable tolling).

RELIEF - ADJUSTMENT OF STATUS
Ramirez v. Holder, ___ F.3d ___ (4th Cir. Jun. 22, 2010) (BIA's interpretation of INA 212(a)(9)(C)(i)(I) and INA 245(i) must be given Chevron deference; noncitizen who is inadmissible under 212(a)(9)(C), cannot adjust status under section 245(i)).

Fifth Circuit

RELIEF " ADJUSTMENT OF STATUS " ASYLEE WHOSE STATUS WAS TERMINATED MAY APPLY FOR ADJUSTMENT OF STATUS
Siwe v. Holder, 742 F.3d 603 (5th Cir. Feb. 6, 2014) (an alien whose asylum has been terminated is not prohibited from applying for adjustment of status).

RELIEF " ADJUSTMENT OF STATUS INADMISSIBILITY " UNLAWFUL PRESENCE BAR
Bokhari v. Holder, 622 F.3d 357 (5th Cir. Sept. 29, 2010) (employment authorization under 8 C.F.R. 274a.12(b)(20) is not lawful status as defined in 8 C.F.R. 1245.1(d)(1)(ii)).

RELIEF - ADJUSTMENT OF STATUS - GOOD FAITH MARRIAGE NOT REQUIRED FOR EXTREME HARDSHIP WAIVER
Waggoner v. Gonzales, 488 F.3d 632 (5th Cir. May 30, 2007) (the plain language of 8 U.S.C. 216(c)(4) does not require a good faith marriage to obtain an extreme hardship waiver for failure to comply with the requirements for removing conditional lawful permanent resident status).

Sixth Circuit

RELIEF " ADJUSTMENT OF STATUS " TEMPORARY PROTECTED STATUS
Flores v. USCIS, __ F.3d __ (6th Cir. Jun. 4, 2013) (plain language of INA 244(f)(4) allows noncitizen who entered without inspection, then obtained TPS, to become an LPR despite illegal entry, and provides an exception to the inspected and admitted or paroled language of INA 245(a)).

RELIEF - ADJUSTMENT - RESCISSION
Stolaj v. Holder, 577 F.3d 651 (6th Cir. Aug. 19, 2009) (five-year statute of limitations on rescission of LPR status, found in 8 U.S.C. 1256(a), does not apply to noncitizen in removal proceedings and did not bar the government from initiating removal proceedings based on petitioners' fraud in their asylum applications).

RELIEF - ADJUSTMENT OF STATUS - WIDOW PENALTY
Lockhart v. Napolitano, 561 F.3d 611 (6th Cir. Apr. 8, 2009) (noncitizen whose citizen spouse filed necessary immediate relative form, but then died within two years of qualifying marriage, remained spouse for purposes of adjudication of noncitizens's petition to adjust status to lawful permanent resident. Immigration and Nationality Act, 201(b)(2)(A)(i), 8 U.S.C. 1151(b)(2)(A)(i)), agreeing with Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. 2006), disagreeing with Robinson v. Napolitano, 554 F.3d 358 (3d Cir.2009).

RELIEF - REFUGEE STATUS - REFUGEE STATUS ENDS UPON ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT, SO IMMIGRATION AUTHORITIES NEED NOT TERMINATE IT BEFORE REMOVAL
Thap v. Mukasey, 544 F.3d 674 (6th Cir. Oct. 15, 2008)(refugee status ends upon adjustment of status to lawful permanent resident, so immigration authorities need not terminate it before removal).

RELIEF - ADJUSTMENT OF STATUS - CHILD STATUS PROTECTION ACT
Ahmed v. Mukasey, 519 F.3d 579 (6th Cir. Mar. 20, 2008) (BIA abused discretion in denying a motion to remand to an IJ for further consideration of eligibility for adjustment of status as a "child" and immediate relative of an American citizen under the Child Status Protection Act and 8 U.S.C. 1255).

RELIEF - ADJUSTMENT OF STATUS
Ramirez-Canales v. Mukasey, 517 F.3d 904 (6th Cir. Feb. 27, 2008) (noncitizen inadmissible for illegal reentry after deportation, under INA 212(a)(9)(C), is ineligible to adjust status under the LIFE Act), deferring to Matter of Briones, 24 I. & N. Dec. 355 (BIA 2007).

Seventh Circuit

ADJUSTMENT OF STATUS " 245(i) ADJUSTMENT BARRED BY ILLEGAL RE-ENTRY UNDER INA 212(a)(9)(C)
Nunez-Moron v. Holder, ___ F.3d ___, 2012 WL 5315860 (7th Cir. Oct. 30, 2012) (inadmissibility under INA 212(a)(9)(C)(i)(II), 8 U.S.C 1182(a)(9)(C)(i)(II), bars adjustment of status under INA 245(i)); following In re Briones, 24 I. & N. Dec. 355 (BIA 2007); In re Torres"Garcia, 23 I. & N. Dec. 866 (BIA 2006).

RELIEF - ADJUSTMENT OF STATUS
Gonzalez-Balderas v. Holder, 597 F.3d 869 (7th Cir. Mar. 5, 2010) (8 C.F.R. 212.2(i)(2), allowing nunc pro tunc adjustment of status is inapplicable where the effect of the grant would be to lift the 10 year bar to unlawful presence), agreeing with In re Torres-Garcia, 23 I. & N. Dec. 866 (BIA 2006).

RELIEF - ADJUSTMENT OF STATUS
Bayo v. Napolitano, 593 F.3d 495 (7th Cir. Jan. 20, 2010) (en banc) (VWP waiver of due process rights must be done both knowingly and voluntarily, but petitioner cannot establish that he was prejudiced even if he had known what the waiver said; adjustment of status application is barred by his valid VWP waiver or by the fact that, in the absence of a waiver, he never would have entered the United States in the first place).

NOTE: Although the Seventh Circuit stated that a VWP waiver must be "knowing and voluntary," it also required that where the waiver was not knowing or voluntary, the noncitizen must also prove prejudice. The court then found (it seems to me) that, essentially, no person who signs the waiver can establish prejudice: "Had he known what the waiver said, Bayo would have had two options, either of which would have led to summary removal. If he had signed the waiver anyway, knowing full well what it said, he would be in the same situation he is now [i.e. subject to removal without a hearing]. If he had refused to sign, he would have been removed summarily at the border because he did not have a proper visa." Bayo v. Napolitano, 593 F.3d 495, 506 (7th Cir. Jan. 20, 2010). Is it not true that everybody who has entered on the VWP and is removable had the same two options?

RELIEF - ADJUSTMENT OF STATUS
Bayo v. Napolitano, 593 F.3d 495 (7th Cir. Jan. 20, 2010) (en banc) (noncitizens who enter on the Visa Waiver Program cannot adjust status within the United States, even if the adjustment is based on marriage to a U.S. citizen, if the adjustment application is filed after the VWP entry becomes invalidated (e.g. 90 days after admission)), agreeing with McCarthy v. Mukasey, 555 F.3d 459, 462 (5th Cir. 2009); Momeni v. Chertoff, 52 F.3d 1094, 1097 (9th Cir. 2008); Zine v. Mukasey, 517 F.3d 535, 543 (8th Cir. 2008); Lacey v. Gonzalez, 499 F.3d 514, 519 (6th Cir. 2007); Schmitt v. Maurer, 451 F.3d 1092, 1097 (10th Cir. 2006).

Eighth Circuit

RELIEF - ADJUSTMENT OF STATUS - 245(i) - 212(a)(9)(C) BAR
Villanueva v. Holder, 615 F.3d 913 (8th Cir. Aug. 5, 2010) (noncitizen that is inadmissible under 8 U.S.C. 1182(a)(9)(C)(i)(I) is not eligible for adjustment of status pursuant to 8 U.S.C. 1255(i)).

RELIEF - ADJUSTMENT OF STATUS - 245(i) - 212(a)(9)(C) BAR
Renteria-Ledesma v. Holder, 615 F.3d 903 (8th Cir. Aug. 4, 2010) (noncitizens inadmissible under INA 212(a)(9)(C)(i)(I) are not eligible for adjustment of status under 1255(i)), following Matter of Briones, 24 I. & N. Dec. 355 (BIA 2007).

Ninth Circuit

RELIEF " ADJUSTMENT OF STATUS " RELIANCE
Acosta-Olivarria v. Lynch, 799 F.3d 1271 (9th Cir. Aug. 26, 2015) (noncitizen applying for adjustment of immigration status reasonably relied on Perez"Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir.2004), before the BIA Matter of Briones, 24 I. & N. Dec. 355 (BIA 2007), a decision directly disagreeing with Perez-Gonzales, despite obvious tension between Ninth Circuit and BIA prior to Briones, that case does not apply retroactively).

RELIEF " ADJUSTMENT OF STATUS " PERMANENT BAR " ILLEGAL REENTRY AFTER REMOVAL OR UNLAWFUL PRESENCE " RETROACTIVE APPLICATION
Carrillo de Palacios v. Holder, 708 F.3d 1066, 2013 WL 310387 (9th Cir. Jan. 28, 2013) (petitioner was not eligible to adjust status to lawful permanent resident, where: 1) she was inadmissible under INA 212(a)(9)(C)(i), 8 U.S.C. 1182(a)(9)(C)(i), because after she was ordered removed she returned to the United States without being admitted; 2) the agency's statutory interpretation of this statute applies retroactively to noncitizens who applied for adjustment of status prior to the Ninth Circuits decision in Duran-Gonzales v. Holder, 508 F.3d 1227 (9th Cir. 2007)). Note: This case discusses retroactive application of case law, rather than retroactivity as applied to statutes.

RELIEF " ADJUSTMENT OF STATUS " INA 212(a)(9)(C) BAR TO ADJUSTMENT
Garfias-Rodriguez v. Holder, ___ F.3d ___, 2012 WL 5077137 (9th Cir. Oct. 19, 2012) (en banc) (noncitizens inadmissible under INA 212(a)(9)(C)(i)(I), 8 U.S.C. 1182(a)(9)(C)(i)(I), are ineligible for adjustment of status under INA 245(i), 8 U.S.C. 1255(i); this rule applies retroactively); deferring to Matter of Briones, 24 I. & N. Dec. 355, 371 (BIA 2007), and overruling Acosta v. Gonzales, 439 F.3d 550, 553"56 (9th Cir. 2006).

RELIEF " ADJUSTMENT OF STATUS " 212(a)(9)(C) BAR TO ADJUSTMENT
Carrillo de Palacios v. Holder, ___ F.3d ___ (9th Cir. Dec. 1, 2011) (withdrawing from prior decision which had stated INA 212(a)(9)(C)(i)(II), 8 U.S.C. 1182(a)(9)(C)(i)(II) barred adjustment of status for undocumented persons who left the United States prior to April 1, 1997 and re-entered after April 1, 1997), withdrawing prior opinion at 651 F.3d 969 (9th Cir. 2011). http://www.ca9.uscourts.gov/datastore/opinions/2011/12/01/09-72059.pdf

RELIEF " ADJUSTMENT OF STATUS " PERMANENT BAR
Duran Gonzales v. U.S. Dept. of Homeland Sec., 659 F.3d 930 (9th Cir. Oct. 25, 2011) (noncitizens otherwise eligible for adjustment under INA 245(i) are barred from adjustment under INA 212(a)(9)(C) if they have left the United States and returned without permission); rejecting argument this rule does not apply to applications filed prior to the Circuit's decision in Perez"Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004)).

RELIEF " ADJUSTMENT OF STATUS " INA 245(i) " UNLAWFUL PRESENCE
Garfias-Rodriguez v. Holder, ___ F.3d ___, No. 09-72603 (9th Cir. Apr. 11, 2011) (a petitioner who is inadmissible for unlawful presence under the three- or 10-year bars of INA 212(a)(9)(C)(i)(I) cannot apply for adjustment of status under INA 245(i)).

RELIEF " VISA WAIVER PROGRAM
Bingham v. Holder, ___ F.3d ___ (9th Cir. Mar. 23, 2011) (circuit court has jurisdiction to review removal order where noncitizen challenged validity of waiver agreement under Visa Waiver Program based on claim that the VWP waiver was not knowing and voluntary; allegedly unknowing waiver did not result in prejudice where noncitizen did not show he would have been able to contest his removal on any other ground or that he would have declined to sign the waiver if he had been fully informed).

ADJUSTMENT OF STATUS - ILLEGAL RE-ENTRY
Morales-Izquierdo v. DHS, 600 F.3d 1076 (9th Cir. Apr. 2, 2010) (noncitizen who re-entered after deportation is currently ineligible to adjust status under INA 245(i), even though Ninth Circuit law in effect at the time of re-entry would have allowed adjustment).

ADJUSTMENT - ADAM WALSH ACT - FAILURE TO REGISTER AS A SEX OFFENDER - ELEMENTS
United States v. George, 579 F.3d 962 (9th Cir. Aug. 25th 2009) (conviction for failure to register as a sex offender under the Sex Offender Notification and Registration Act (SORNA) is affirmed where an individual's obligation to register is not dependent on a state's implementation of SORNA; irrelevant that Washington State had not implemented SORNA at the time of defendant's conviction).

RELIEF - ADJUSTMENT - USCIS HAS AUTHORITY TO REVOKE PREVIOUS APPROVAL OF VISA PETITION AT ANY TIME FOR GOOD CAUSE
Herrera v. USCIS, 571 F.3d 881 (9th Cir. Jul. 6, 2009) (amendment of 8 U.S.C. 1155 did not alter USCIS authority to revoke a previous approval of a visa petition "at any time" for "good and sufficient cause.").

RELIEF - ADJUSTMENT OF STATUS - REFUGEE STATUS - WAIVER UNDER 209(C)
Robleto-Pastora v. Holder, 567 F.3d 437 (9th Cir. May 27, 2009) (LPR who was formerly an asylee may not seek to re-adjust under INA 209(b) with a waiver of inadmissibility under INA 209(c); LPRs must seek to re-adjust under INA 245, regardless of whether they were previously granted asylum), following similar cases in the context of former refugees, Gutnik v. Gonzales, 469 F.3d 683 (7th Cir. 2006); Saintha v. Mukasey, 516 F.3d 234 (4th Cir. 2008); Matter of Smriko, 23 I. & N. Dec. 836 (BIA 2005), distinguishing Matter of KA, 23 I. & N. Dec. 661 (BIA 2004) (non-LPR asylee can seek INA 209 adjustment and waiver as defense to removal).

RELIEF - ADJUSTMENT OF STATUS - 245(i) DEADLINE NOT SUBJECT TO EQUITABLE TOLLING ON ACCOUNT OF INEFFECTIVE ASSISTANCE OF COUNSEL
Balam-Chuc v. Mukasey, 547 F.3d 1044. (9th Cir. Oct. 24, 2008) (April 30, 2001 filing deadline for adjustment of status under INA 245(i), which allows qualifying relatives of LPRs to apply more quickly for immigrant visas, is a statute of repose and thus not subject to equitable tolling for a claim of ineffective assistance of counsel).

RELIEF - ADJUSTMENT OF STATUS - JUDICIAL REVIEW
Hassan v. Chertoff, 543 F.3d 564 (9th Cir. Sept. 11, 2008) (noncitizen traveled outside United States on advance parole while adjustment application was pending; DHS denied application while noncitizen was outside the U.S.; noncitizen placed in expedited removal upon attempted return to U.S.; court lacks jurisdiction to review DHS denial of adjustment application and revocation of advance parole).

RELIEF - 212(c) WAIVER
Williams v. Mukasey, 531 F.3d 1040 (9th Cir. Jul. 9, 2008) (publication in federal register of deadline upon which noncitizen previously ordered removed could move to reopen in order to apply for CAT, a new form of relief, was sufficient notice of deadline; noncitizen did not have right to actual notice of the deadline).

RELIEF - ADMUSTMENT OF STATUS - FRAUDULENT ENTRY HELD NOT AN ADMISSION, SO NONCITIZEN IS DISQUALIFIED FROM ADJUSTMENT OF STATUS -- AILF PRACTICE ADVISORY
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.

RELIEF - ADJUSTMENT OF STATUS
Momeni v. Chertoff, 521 F.3d 1094 (9th Cir. Mar. 31, 2008) (persons who entered the United States under the Visa Waiver Program, who marry and apply for Adjustment of Status after their 90 days have elapsed, cannot obtain removal proceedings before being removed, and are ineligible to adjust status), distinguishing Freeman v. Gonzales, 1444 F.3d 1031 (9th Cir. 2006).

This may not prohibit AOS by all out-of-status VWP entrants. It might only apply to those that ICE finds and decides to deport. The last two paragraphs of the decision, discussing this, appear to be dictum, because they go beyond the facts presented, which involve a VWP overstay whom ICE found and wanted to deport, and who then raised a defense to removal in the form of AOS. The "no contest" clause in INA 217(b) applies when DHS seeks to remove a VWP violator. If DHS is not seeking removal, then a VWP overstay can adjust status under INA 245(c) as an immediate relative. Under Momeni, if AOS is denied, the person will then be removed instead of put in proceedings. Thanks to Debbie Smith.

RELIEF - ADJUSTMENT OF STATUS - FRAUDULENT ENTRY BARS ADJUSTMENT
Orozco v. Mukasey, 521 F.3d 1068 (9th Cir. Mar. 25, 2008) (fraudulent entry into United States bars adjustment of status under 8 U.S.C. 1255(a)). See American Immigration Law Foundation, Practice Advisory, Orozco v. Mukasey: Current Status of the Case and Preliminary Strategies (May 19, 2008). http://www.ailf.org/lac/lac_pa_topics.shtml.

RELIEF - ADJUSTMENT OF STATUS
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

RELIEF - ADJUSTMENT OF STATUS - FRAUDULENT ENTRY & ADJUSTMENT
Orozco v. Mukasey, 521 F. 3d 1068 (9h Cir. 2008) (fraudulent entry into United States bars adjustment of status under 8 U.S.C. 1255(a)), has been vacated. Prior BIA decision, Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), is once again binding BIA precedent in the Ninth Circuit.

ADJUSTMENT OF STATUS - LIFE ACT
Duran-Gonzales v. Mukasey, 508 F.3d 1227 (9th Cir. Nov. 30, 2007) (barring adjustment of status under LIFE Act if noncitizen has been removed and illegally re-entered; rule applies even if I-212 petition for permission to re-enter following removal was filed prior to DHS filing to reinstate prior removal order), reversing Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004), deferring to BIA decision Matter of Torres-Garcia, 23 I. N. Dec. 866 (BIA 2006) (holding plaintiffs ineligible as a matter of law to adjust their status because they are ineligible to receive I-212 waivers, because they have illegally re-entred the United States after removal, and have not yet been outside the United States for 10 years, as is required before seeking a waiver).

RELIEF - ADJUSTMENT OF STATUS
Ortega-Cervantes v. Gonzales, 501 F.3d 1111 (9th Cir. Sept. 4, 2007) (noncitizens who are apprehended within the United States after illegal re-entry, who are detained by the DHS, and who are thereafter "conditional[ly] parole[d]," under INA 236(a)(2)(B); 8 U.S.C. 1226(a)(2)(B) are not "paroled into the United States" for purposes of being eligible for adjustment of status pursuant to 8 U.S.C. 1255(a)).

Note: The court distinguishes between two types of "parole" - humanitarian parole covered by INA 212(d)(5) and "conditional parole" on release from DHS detention, under INA 236(a). The court notes that INA 236(a)(2)(B) "focuses primarily on aliens who are present in the United States but were not lawfully admitted or who were lawfully admitted but have become subject to removal." A clearer way to express this might be that INA 236(a) relates to immigration detention, and thus 236(a)(2)(B) relates to release from detention on parole, just as a felon would be released from prison on parole.

While "parole" as described under INA 212(d)(5) may be spelled the same, and pronounced the same, it describes a different concept - i.e. being allowed to physically enter the United States without being officially "admitted." Thus persons who are granted "deferred inspection" fall within INA 212(d)(5). See 8 C.F.R. 235.2(c).

RELIEF - ADJUSTMENT OF STATUS - IMMIGRATION JUDGE MAY GRANT ADJUSTMENT IN REMOVAL PROCEEDINGS ONLY IF A VISA IS IMMEDIATELY AVAILABLE TO THE RESPONDENT
Carrillo-Gonzalez v. INS, 353 F.3d 1077 (9th Cir. December 31, 2003) (noncitizen was statutorily required to produce an immediately available immigrant visa before Immigration Judge could grant an adjustment of status), citing 8 U.S.C. 1255(i)(2)(B) (Attorney General may adjust a noncitizen's status if an "immigrant visa is immediately available to the alien at the time the application is filed").

Tenth Circuit

ADJUSTMENT OF STATUS " RE-ENTRY INADMISSIBILITY BAR
Padilla-Caldera v. Holder, __ F.3d __ (10th Cir. Mar. 14, 2011) (noncitizen who is inadmissible for reentering the country illegally after a year of unlawful presence, under INA 212(a)(9)(C)(i) is ineligible for an adjustment of status under INA 245(i)), following Matter of Birones, 24 I. & N. Dec. 355 (BIA 2007).

RELIEF - ADJUSTMENT OF STATUS
Herrera-Castillo v. Holder, 573 F.3d 1004 (10th Cir. Jul. 27, 2009) (inadmissibility for being unlawfully present in the United States for one year or more prevented adjustment of status, because 8 U.S.C. 1255(i) reasonably suggests that Congress considers aliens who accrue a period of unlawful presence more culpable than those immigration violators who do not, and thus that the former are less deserving of relief).

Eleventh Circuit

RELIEF " ADJUSTMENT OF STATUS " FIVE-YEAR STATUTE OF LIMITATIONS
Alhuay v. U.S. Atty. Gen., 661 F.3d 534 (11th Cir. Oct. 26, 2011) (per curiam) (a removal order ends lawful permanent resident status, even if issued more than five years after the grant of LPR status, because INA 246(a), 8 U.S.C. 1256(a), bars rescission after five years, and does not bar issuance of a removal order on the basis that the grant of LPR status was based on misrepresentations); see Matter of Belenzo, 17 I. & N. Dec.374, 382 (BIA 1981); Matter of S, 9 I. & N. Dec. 548, 548 (Att'y Gen.1962)(the statute has no effect on the government's power to remove an alien no matter when that alien's status was erroneously adjusted); Stolaj v. Holder, 577 F.3d 651, 656 (6th Cir.2009) (By its own terms, 1256 places a time bar only on the Government's attempt to rescind the status of a lawful permanent resident, and does not apply to removal proceedings.); Kim v. Holder, 560 F.3d 833, 837 (8th Cir.2009) (On its face, 1256(a) only discusses the five-year statute of limitations in terms of rescinding a status adjustment ....); Asika v. Ashcroft, 362 F.3d 264, 269"71 (4th Cir.2004) (deferring to the Attorney General's interpretation that 1256 does not limit the government's power to remove an alien more than five years after an erroneous adjustment of status); Oloteo v. INS, 643 F.2d 679, 682"83 (9th Cir.1981) (Congress has seen fit to do away with statutes of limitation with regard to deportation proceedings, but in its wisdom has engrafted such a limit to the rescission of status proceeding alone. (footnote omitted)); but cf. Garcia v. Att'y Gen., 553 F.3d 724, 728 (3d Cir.2009) (the last sentence of 1256(a), added by amendment in 1996, did not limit the statute's reach to rescission of adjustment of status); Bamidele v. INS, 99 F.3d 557, 559 (3d Cir.1996) (holding that 1256(a) applies to removal proceedings and vacating a deportation order issued more than five years after the government discovered that the petitioner's marriage was fraudulent).

RELIEF - ADJUSTMENT OF STATUS - ARRIVING/PAROLED ALIENS U.S.
Scheerer v. U.S. Atty Gen., __ F.3d __, 2008 WL 131466 (11th Cir. Jan. 15, 2008) (upholding amended 8 C.F.R. 1245.2(a)(1), barring most arriving aliens from applying for adjustment of status before the IJ).

BIA

ADJUSTMENT OF STATUS " ADAM WALSH ACT " NO CATEGORICAL ANALYSIS
Matter of Introcaso, 26 I. & N. Dec. 304 (BIA May 20, 2014) (petitioner bears the burden of proving whether an offense is specified offense against a minor; the categorical approach does not apply to this determination, and DHS can look into the underlying facts of a conviction, even where the elements of the criminal statute would not have supported a finding of ineligibility).

Other

ADJUSTMENT OF STATUS " ADVANCED PAROLE
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf Nov. 20, 2014 DHS Memorandum " departure on advanced parole is not a departure for purposes of INA 212(a)(9)(C)(i).

RELIEF"ADJUSTMENT OF STATUS"INA 245(i)
Matter of Lemus, 25 I. & N. Dec. 734 (BIA Mar. 19, 2012) (adjustment of status under INA 245(i), 8 U.S.C. 1255(i), is unavailable to an alien who is inadmissible under INA 212(a)(9)(B)(i)(II), 8 U.S.C. 1182(a)(9)(B)(i)(II), absent a waiver); clarifying Matter of Lemus, 24 I. & N. Dec. 373 (BIA 2007). Note: There is one very positive aspect of this decision, namely that the case was remanded to the IJ because ten years has, after years of litigation, now passed since Mr. Lemus departed the United States. This means that it may be possible to re-file these applications for admission under INA 245(i) on remand to the IJ if it has been more than 10 years since the date of the last departure (and/or the person now qualifies for a waiver under INA 212(a)(9)(B)(v)). In addition, on remand, re-opening, or re-filing, the applicant may also be eligible now to apply for non-LPR cancellation of removal which may be granted even if the application is inadmissible under INA 212(a)(9). Thanks to Dan Kesselbrenner.

ADJUSTMENT OF STATUS"CONDITIONAL PERMANENT RESIDENCE" TOLLING OF TIME PERIOD"ACTIVE-DUTY SERVICE PERSONNEL
New INA 216(g), Pub.L. 112-58, Nov. 23, 2011, 125 Stat. 747 (adding 216(g) to toll time periods for filing a petition and appearing for an interview to remove the condition from permanent resident status during periods in which Armed Forces members are on active-duty serving abroad). Former INA 216(g) was redesignated as INA 216(h).

ADJUSTMENT OF STATUS - ARRIVING ALIENS
"Arriving Aliens" and Adjustment of Status: What is the Impact of the Governments Interim Rule of May 12, 2006 (Updated November 5, 2008). http://www.ailf.org/lac/pa/lac_pa_070416_biaarraliens.pdf

RELIEF - ADJUSTMENT OF STATUS
New AILF practice advisory: CIS Adjustment of Status of "Arriving Aliens" with an Unexecuted Final Order of Removal (March 8, 2007), at http://www.ailf.org/lac/lac_pa_060308_arraliens.pdf.

RELIEF - ADJUSTMENT OF STATUS
AILIF Practice Advisory: USCIS Adjustment of Status of "Arriving Aliens" with an unexpected final order of removal (March 8, 2007). http://www.ailf.org/lac/lac_pa_060308_arraliens.pdf

RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIENS
January 12, 2007 USCIS Interoffice Memo provides guidance on the May 12, 2006 Interim Rule allowing paroled arriving aliens in removal proceedings to apply for adjustment of status. AILA InfoNet document #07030661 http://www.aila.org/content/default.aspx?docid=21806

RELIEF - ADJUSTMENT OF STATUS - PRE-JAN 1, 2982 ENTRANTS
Northwest Immigrant Rights Project v. USCIS settlement announced: "The application period will be open for one year for individuals who meet very specific criteria, including entering the United States on a nonimmigrant visa prior to January 1, 1982. The application period will commence on February 1, 2009 and end on January 31, 2010. Application instructions are contained in the settlement agreement." http://www.uscis.gov/files/article/order_final_judgment_3nov08.pdf

INADMISSIBILITY - ARRIVING ALIEN - ADJUSTMENT OF STATUS
"Arriving Alien" and Adjustment of Status Litigation Issue Page. AILF has updated its "Arriving Alien" and Adjustment of Status Litigation Issue Page. This page provides information about developments relating to the ability of an "arriving alien" in removal proceeding to adjust status. It includes summaries of circuit court decisions and links to AILFs Practice Advisories on this issue. http://www.ailf.org/lac/clearinghouse_102306.shtml

ADJUSTMENT OF STATUS - "ARRIVING ALIENS"
See Legal Action Center Litigation Issue Page summarizing litigation regarding the government's interim rule allowing USCIS to adjudicate the adjustment application of "arriving aliens" in removal proceedings. It provides links to selected pleadings and other related resources. AILA Doc. No. 10080969.

ADAM WALSH ACT RESOURCES
http://www.fd.org/odstb_AdamWalsh.htm http://www.aila.org/content/default.aspx?docid=32480 http://www.uscis.gov/files/pressrelease/AdamWalshAct020807.pdf http://www.fd.org/odstb_AdamWalsh.htm

RELIEF " ADJUSTMENT OF STATUS " VISA WAIVER PROGRAM
8 CFR 245.1(b)(8) (a Visa Waiver Program entrant can adjust status via an immediate relative).

ADJUSTMENT OF STATUS " VISA WAIVER PROGRAM
8 CFR 245.1(b)(8) states that VWP entrants can adjust if the adjustment is through an immediate relative.