Legal Opinion

Ortega-Cervantes v. Gonzales

Court of Appeals for the Ninth Circuit

Decided September 4, 2007No. 05-70605PublishedCited by 106 opinions

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…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. Reno v. FloresSupreme Court of the United States · 1993
  4. Pedro Garcia-Quintero v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  5. Succar v. AshcroftCourt of Appeals for the First Circuit · 2005

5 more not listed; retrieve them via the Exa API.

3Cited by106 opinions

  1. Marmolejo-Campos v. HolderCourt of Appeals for the Ninth Circuit · 2009
  2. Husyev v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  3. Morales-Izquierdo v. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2010
  4. Cruz-Miguel v. HolderCourt of Appeals for the Second Circuit · 2011
  5. River Street Donuts, LLC v. NapolitanoCourt of Appeals for the First Circuit · 2009

101 more not listed; retrieve them via the Exa API.

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