Braulio Juan Acosta v. Alberto R. Gonzales, Attorney General
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether an inadmissible alien is eligible for penalty-fee adjustment of status based on marriage to a United States citizen or an extreme hardship waiver, or both.
I
Braulio Juan Acosta is a Mexican national who entered the United States without inspection in May 1993. Since his illegal entry into the country, he has returned to Mexico twice, in 1996 and 1999, both times reentering the United States without inspection.
Acosta married a United States citizen in April 2001 and applied for adjustment of status based on his marriage, filing the required…
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