Legal Opinion
Elkins v. Comfort
Court of Appeals for the Tenth Circuit
Decided December 20, 2004No. 03-1184PublishedCited by 70 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
An alien who has been paroled into the United States may seek an adjustment of status under 8 U.S.C. § 1255(a) to avoid being removed from this country. Such adjustment is available, however, only to aliens who are “admissible” to the United States for permanent residence. Id. One ground of inadmissibility is conviction of a controlled-substance offense under the laws of the United States, any State, or any foreign country. 8 U.S.C. § 1182(a) (2) (A) (i) (II). 1
As yet unresolved in this circuit is whether the Federal First Offender Act (FFOA), 18 U.S.C. § 3607, overrides…
2Cases cited14 opinions
- Bennett v. SpearSupreme Court of the United States · 1997
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Fernandez-Bernal v. Attorney General of the United StatesCourt of Appeals for the Eleventh Circuit · 2001
- Federal Lands Legal Consortium v. United StatesCourt of Appeals for the Tenth Circuit · 1999
9 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Johnson v. Weld County, Colo.Court of Appeals for the Tenth Circuit · 2010
- Lounds v. Lincare, Inc.Court of Appeals for the Tenth Circuit · 2015
- Brown v. PerezCourt of Appeals for the Tenth Circuit · 2016
- Crowson v. Washington County State, UtahCourt of Appeals for the Tenth Circuit · 2020
- Davis v. RobertsCourt of Appeals for the Tenth Circuit · 2005
65 more not listed; retrieve them via the Exa API.