Guadalupe Arellano-Garcia v. Alberto Gonzales, Attorney General of the United States, 1

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an alien whose adjustment was unlawful was not “lawfully admitted for permanent residence” for purposes of section 212(c) eligibility
• concluding that § 1256(a)’s statute of limitations was inapplicable and declining to comment on Bamidele, Asika, and Belenzo because the removal proceedings were based on the alien’s “prior conviction, not on the erroneous grant of permanent residency status”
• noting that this is the same interpretation articulated by the Fifth and Ninth Circuits
• finding that the petitioner could not be deemed a “‘lawfully admitted permanent resident’ when he obtained permanent residence status through a mistake and was not otherwise eligible for the status adjustment.”
• affirming the BIA’s decision that the petitioner had never been lawfully admitted “as a result of his 1988 drug trafficking conviction”
• agreeing with a BIA order concluding that petitioner had not been lawfully admitted because his LPR status “was obtained by a negligent mistake made by the government”

Source: CourtListener parenthetical corpus (CC0).