Choin v. Mukasey
Court of Appeals for the Ninth Circuit
1Opinion of the Court
PREGERSON, Circuit Judge:
Yelena Choin (“Choin”), a native and citizen of Russia, petitions this court for review of a decision by the Board of Immigration Appeals (“BIA”) that denied her application for adjustment of status and ordered her removed. We have jurisdiction under 8 U.S.C. § 1252. We grant Choin’s petition and remand to the BIA for further proceedings consistent with this opinion.
I. FACTUAL AND PROCEDURAL BACKGROUND
The facts are not in dispute. On December 4, 1998, Choin arrived in the United States with her two children on a K visa as the fiancée of U.S. citizen Albert Tapia. 1…
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