Ortega-Cervantes v. Gonzales
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WILLIAM A. FLETCHER, Circuit Judge:
This case requires us to determine whether aliens who are “conditionally] parole[d]” pursuant to 8 U.S.C. § 1226(a) are necessarily “paroled into the United States” and thus eligible for adjustment of status pursuant to 8 U.S.C. § 1255(a). We hold that they are not.
I. Background
Arturo Ortega-Cervantes, a citizen of Mexico, was apprehended on June 8, 2002, together with. fourteen other aliens who had been smuggled into the United States. In a Notice to Appear issued and served the following day, the Immigration and Naturalization Service (“INS”) charged…
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