julio mujica, a090 373 986 (bia aug. 28, 2015)

8/20/2019 Julio Mujica, A090 373 986 (BIA Aug. 28, 2015)

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Colon, SalvadorSalvador Colon, PCPO Box 2951Houston, TX 7252

Name: MUJICA, JULIO

U.S Department of Justice

Executive Ofc r Immigration Review

Board of Immigraton ApealsOce o he Cek

5107 Leesburg Pike. Sute 2000Fall Chuc, Vgn 22041

S/ICE Oice of Chief Counsel - OU126 Northpont Drive Suite 2020ouston TX 060

A 090-33-986

Date of this notice 8/28/2015

closd is a copy o th Board's dcisio and order in the abov-rerned case.

nlosr

Pane Members:Hoio, Hop liHolm Dvid 8. Nil P

Sirely,

bo (tDona Crr

Chie Clerk

Useteam Dock

For more unpublished BIA decisions, visitwww.irac.net/unpublished/index/

Cite as: Julio Mujica, A090 373 986 (BIA Aug. 28, 2015)


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.

, U.S· Department of JusticeExecutive Ofe r Imgtion Revew

Falls Churc, Virgna 22041

i 9 373 86 Houon, TX

In re: JULIO MUJCA

IN REMOVAL PRODNG

APE

ON BEHAF OF RESONDNT:

Deciso the Bd maon Appeals

Date:'AUG 2 8 015

Savador Coon, Equir

PLICTON: djustmet o St

T rponden, a naiv d citizen o exico, ha apea om e migration Judge'sdecision, dae May 29, 215, denying hi apicaion r adjutmen o tats. The apal wbe dimisd

We rviw th ding o ct ad by t migration Judge, incuing the question ofcreibii, under a clay roneos" staard 8 CF.R § 03(d)(3)(i) We riequstio of a, discreion, ugent nr d oo tandd 8 C.F R § 3. ()(3)(ii).

T Imigation Judg rtemitte he rpondent' appication r adjutmnt o tatu,nding tat h rponden wa not aditted" ith he maing o cion 245(a) o higration nd Naionaity ct, 8 U.SC. § 1255(a), u h i inigib r that of reie

Th reponnt cheng ti dciion on apal.

The Iigration ge und, ad te record o, at te rpondnt initiay etere thUnited ta whout inpcion (I at 2; Tr. at 5; xh ) On or about Febrar 9, 988, terpondn w grted te statu o tmorry rident purua to cion 25 o th ct,8 U.C 255 I t 2; r at 42) On or abot ay , 999, e responent' teporarsid stau wa trinatd by the er igration Natizatio Sic (. a 2-3;xh 3). Ber th Immigration Judge, th responden throug couse concdd hat e irovabe ndr ction 22(a)(6)()(i) o th ct, 8 UC § 82(a)(6)()(i), a cged nthe Notice to pp (I at -2; Tr at 23; Exh ) h rpodnt, howver, apied raunt o tatus bed o imdiate ratie ptition ed b i Unied e ciizn

dughtr, wch h bee aprovd by h US Citizensip ad igrtion Serice (IJ a 3;r a 24, 4) 1 h rondnt agud that, aough initialy nrd h Untd Statithout nection or autorization, he a grantd th tu of tmorr riden in 188, andtat ti grnt constittd adiion," rndring him eigib r adun o u, evn

he rpondent indicated tha h i not igib r adustmnt of status uder sctio 245(i)o th c bad on t da o t vi ptition d by i augtr, or by any via ptition (t 8; Tr at 25, 3, 44).



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· 09 33 986

ouh te teoay residen satus was terinated in 1999 The miation Jude disaeed,und that the respondent was no "aditted' and is ineligible adjustent of stus, andordered hi reoved On aeal, he resoden challenes is decision nd gues at he was"adited by the gant of he teoy esident status in 1988 d ta this adission ws nonullied by he teination of that status in 1999. In his egad, the resondent ues hat the

emoray residen satus de sectio 245A of e Act is simil to the coiio residentsaus der section 216 of he Act 8 U.S.C. § 86a

We will rst addess he esondents ruent that the ant of the teoray residentstatus was an adjustent of saus and that an adjusten of stus constitutes an "adission.he esonden relies on Maer of Agour, 26 &N Dec. 566 (BA 205), in wch he Bod

eated adjustent of staus as "adissio r uoses of deteing alien's eliibility o aply r a waive under sectio 237(a)()(H) of the Act 8 USC § 1227(a)()(H) (Res.Ap. Brie, at 23).

The resondens guent resuoses hat te rt of the temory residet sts under

section 245A of he act constiues an "adusent of staus. However, the regulationsileenting section 245A of the Act secically ovide tha alien whose sus is adusted o that of a lawl eory resident nde secion 245A of the Act is not etitled to "ny .benet or consideration accorded under the Ac to aliens lawlly adied r eranentesidence. 8 C.F.R. § 245a2(v) n conas he ran of a condiiona permanent residenstatus unde sectio 216 of he Act cofes a eent esident status, lthoh he staus issubjec o cetain conditions. Section 26(a)() of the Act; Mate of Paek, 26 &N Dec. 403,406-07 (BA 204). The reulatios lso seci that conditional enen esidents aearded "the pivilege of residin eently in the Uited States as ii inaccordance wih he iation laws, such status not havin chnged. 8 C..R. §§ 26.,1216 Mater of Paek, supra, at 40. Theree, the teory esiden stus nde sectio

245A of the Act is not analoous o the conditional enent esiden sts unde section 216of he Act d the a of a eoay residen status does not constite an "adjusent ofsatus withi he enin of the Act.

In y evet, even if we were o assue, the sake of analysis, tha e nt of emporryresident sts constites an adustent of stas, whee adjsment of sts is consideedan "adission ay deend on the conext For exle the United Sttes Cou of Aeals rthe ih Circui has eld ta admissio r oses of secion 212(h) of the Act 8 U.SC§ 182(h), does not include a postetry adjustent of stus See Marinez v. Musey,59 F3d 532 (5th Cir. 2008) e contex of adjustent of saus, section 245(a) of the Actovides hat aliens "insected and adited ay be ned adjstent of sus he Bod

has held hat alies who hysically resent eselves r quesioning and ae no kowinlse clai to citizenshi ae iseced poses of adjusent of ss Mter ofeull, ec. 38 (BA 8) ee lo Mtte of G 3 &N Dec 36 (BA 48).The Board also held ha aliens c esablish hat hey were "adited wihin the eanin ofsection 0(a)(3)(A) of the igatio and Naionaity Act, 8 U.C. § 101(a)(3)(A), ruoses of adjusen of ss by stablishn rocedual egulrity in their y Mtte ofQuintn, 25 &N Dec 285 (BA 2010) Fuheroe he regulations regdin teoryresdent stas, 8 C.F § 245a2(v), as noted above, povide tha any alie whose sts isadusted o tha of a lawl eoy residen under secion 245A of the Act is not entitled to

2



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09 37 986

an benet or conideration accorded under the ct to aien aw admitted r permanentreidence" Therere, both under the term of the tempor reident tatu a provided in thereguation nd nder the inpected d admitted" reurement r adjuent of statu, theant of tempor resident statu to the respondent did not conttute an admision" r

purpoe of adjtment of status.We i next addres the respondent's argument at he remain admited" even though his

tempor resident tat wa teinated in 9992 As the repondent admits, the termination ofhi temporar reident tu reveed him back to hs rmer tau der 8 CF R§ 245a2()(4) Nevehees, the repondent gues that the termination did not negate or nuifthe ct that he wa admitted in 988, thu hi admison" remain vid d unaected (Reppp Bre, at 4

Whie the repondent cite no direct authoriy r thi propoition, he uggest that thetemporar reident tatu i imiar to the conditiona reident tatu under ection 216(c of thect (Rep pp Bre, at 3) Since aien hoe conditiona reident tu a terminatedma app r adjuent of statu on a dierent ground, e repondent gue that aienhoe tempor reident st wa teinated houd be eated iewie Maer of Stockell,20 I&N Dec 309 (BA 99) However, the aien in that cae had entered the United State a aviitor r peaure, Mate o Stockell, supra, at 309, thu he was inspected and admitted"bere he granted the condition reident tatu Frtheore, as dicsed aboveconditiona resident status, hie ubject to conditions, i a permanent resdent statu, hie thetemporr reident stats is not a perment reident sts

Furthermore, although i cae ise within the United States Co of Appea r the ihCircuit, the United State Cort of ppea r the Ninth Crcuit hed that teination oftempory reident tatu operated to revoke an prior admiion" Unitd Stats v. HeandezArias 45 3d 125, amendd ad suprseded by v erandez-rias 5 F3d 84(9th Cir 20143 The court reoned that [p]uruant to 8 CR § 245a2(u(4), [t]einationof the tatu of an aien previou adjuted to a temporar reident under section 245(a)of the ct ha act to retu uch aien to the unaw tatu hed prior to the adjusent, drender him or her amenabe to excuion or deporation proceeding uder ection 236 or 242 ofthe ct, a appropate Thu once the aien' tempor resident tu wa teinated, heatomatica reverted to h prior nla, unadmited tat" Id at 1282 ( emphasi addedThe Ninth Circuit ao noted that, to hod that the termination of tepor reident tu doesnot negate any admsion" (a the repondent gues in thi case woud eective nuf the

2 This argument preppose that the grt of the tempor reident t in 988 contituted admsion" d rendered the repondent egibe r adjuent of tatu Whie e disagreewith ts presupposition s noed above, we dress tis argment as ddiional basis frour decision

3 In HernandezAris the Ninth Circuit did not decide the quetion of wheer adjutment totemporar resident tu contituted an admiion becaue, even if it did, termination of thatstatu operated to revoke an pror admiion HernadezArias supra at 1282

3



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lguage of 8 CFR § 245a2(u)(4 Utd Stats rnadzrias, spra at 28 We nd te Nnth Crcuits reasng d concusion n Utd Stats Heradz-Aras persuasveBased te reasns set rt i Untd Stats razAras supra we ccude tat f

and t the extent the t of the temporar residet status were t be construed as anadmssn," such admissin was revoked d te respndent reted to his prir unadedstatus upn te tenation f te sts in 1999 Terere te respondent is nt elgible radjusent f stats

ased on the above we wll uphld the Immation Judge's decision deying terespondets appcatin r adjustet o stus d we wil disss te respondent's appeal

ORDER: The appea s disssed.

FOR HE BOARD

4

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UNITED STATES DEPARMENT OF JUSTICEEXECUIVE OFFCE FOR IMMGRATON REVIEW

UNED SATES IMMIGRATION COURTHOUSON, TEXAS

Fie: A090-373986

n the Matter of

May 29, 2015

JULIO MUJICA N REMOVAL PROCEEDINGS

RESPONDE

CHARGES Sectio 212(a}(6)(A)() mmgrato ad Natoaty Act asameded.

I APPLICATONS Ajustmet of status pursuat to Secto 245@ of mgratoad Nationaty Act as aeded

ON BEHAF OF RESPONDENT SALVADOR COLON�

ON BEHAF OF HS RORY H POTTE Esq

ORA DECISION OF THE IMMIGRATION JUDGE

I INTRODUCION

O February 2 2015 te Departmet of Homelad Seurity (HS) fed a

Notce to Appear (NTA) agast respoet chargg hm wth beg removabe

prsat to the above captoed secto of the mmgrato ad Natoaty Act (INA or

Act) as ameded

Remoabilit s not a isse tis ae On Apr 3 205.

espodent

ame the aa aegats ad oee reoaty as set h te A e

r


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Cou thereore sustained the sole ground o removabilty Respondent desgnated

Mexco as the country o remoal and thereaer identied adustment of status pursuant

to Section 245 o the Act as s form o rele In that regard� he claimed that he is a

benecary o an approved immedate relate petition led by his nited States citzen

daughter It is respondent's eligibility for adustment o status that is at issue

___For the reasons set oh below, the Cou wil pretermt and deny

respondents appcation for adustment o status

SUMMARY OF TE EVIDENTARY RECORD

A Documenta evidence.

residence.

he record n this case consists o the exhibits lsted beow

Exibt 1 is the NTA dated February 18 2015.

Exhibit 2 is the ecord o Qepoable/nadmissibe Aien, Form -213

Exhibt 3 s the S notice of temnation o respondents temporary

Exhbit 4 is the HS notice of dena of respondent's armatve applicaton

or adjustment of status

Exhibit is an exe o an unpublised decison submited by HS

B Factual backround.

Respondent is a 4-yearod natve and citzen o Mexco He arred n

the nted States at an unknown place on an unknown date without haing been

admied or paroled aer nspection by an mmgration icer On or about February

9, 1988 he was granted tempora resdence pursuant to Secton 245A o the Act

owin his ahoried arrival in he Unied taes. n or about May 17 1 his

A090373986 2 May 2, 201

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temoa esiden status was teminated by S Exhibit 3 Respondent then

became te beneficiary of an immediate relative petition ed by his United States

citize daugte That petitio was approved and on Jauary 22 2014 respondent filed

an armative application for adjustment of status based pon that petition. On Octobe

1, 2014J

HS denied te adjustment application. Exhibit 4

Ill RESPONENS INELIGIBLIY FOR AUSTMENT OF SATUS

Section 245 of the Act povides that te Attorey General may in her

discretion adjust the status of an alien "inspected ad admied o paroled into the

United States to that of a alien laully admited or pemanent residence if the alien

applies for adjstment the alien is eligible to receive an immigrant visa, and is

admissible to the United States for permanent esidence, and an immigrant visa is

immediately available INA § 245A. The alien bears the brden of establishing

eligibility for adjustment of stats and demonstrating that relief is merited in the exercise

of discretion See Matter of brahim, 18 l&N ec 55 (BIA 1981; Matter of Cavazos 17

l&N Dec 215 (BA 1980)

I this case respondent's application fo adjustment of stats is based on

an immediate relative visa petition filed on his behaf and wich has been approved At

issue is whethe the espondent is eligible fo adjustment of status nder Section

245 of the Act. e argues tat he does qualiy for such relif because he was

inspected and admitted to is county at the time he was accorded temoa

esidence post-entry under Section 245A of te Act

Te tems admitted and admission are dened by te Act to mean te

unlawful entry of te alien into the United States aer inspection and autorization_by

an !mmraton QGfcer." A 101(a(3(A he denition is consideed to be

A090-33-986 3 May 29, 2015


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procedural in nature rather than in conformity with substantive legal requirements See

Matter of Quilantan 25 l&N Dec 285 290 (BIA 2010) The plain language of Section

101 a)13)(A) o the Act reers to the manner of enty into this country that is a lawful

entry aer inspection and authoriation While the Board o mmigration Appeals

(Board) has acknowledged that adustment of status does not fit within the statutory

definition o the tem "admission set oh at Section 101(a)(13)(A) o the Act it has

treated adustment as an admission in order to presee the coherence of the statutory

scheme and to avoid absurdities Matter o ChavezAlvare 26 l&N Dec 274 (B A

2014) (listing cases) For instance, in Maer of Rosas-Ramirez 22 l&N Dec 660 (BA

1999) the Board ound that the phrase aer admission in Section 237a)(2)(A)iii) of

the Act includes an alien admitted at the time of ent under Section 101(a)(13)(A) and

an alien who entered without inspection and was subsequently admitted as a lawul

permanent resident See also Matter of Alazi, 25 l&N Dec 397, 408 & n9 (BA 2011)

(explaining that or puposes of Section 237(a)(2)(A)(i), the "date of admission is the

date of adustment o status i the respondent adjusted status aer entering the United

States without inspection); Matter o Carrilo, 25 l&N Dec 99 (BA 2009) (holding that

when determining whether an alien_' a hose status was adjusted pursuant to the

Cuban Adjustment Act is removable as an alien who has been convicted of a crime

involving moral turpitude commied within fve years aer the date of admission the

admission is calculated according to the rollback provision of Section 1 of the Cuban

Adjustment Act rather than the date that adjustment of status was granted} Matter of

odae 23 l&N Dec 905 908 (BA 2006) (holding that adustment is an admission for

purposes of Section 212a)(9)B)(i)(I} of the Act Matter o Shanu, 23 l&N Dec 754

756-57 (BIA 2005) holding that adustment is an admission fo purposes of Section

237(a)(2)(A)(i)) verruled in art b Matter of Alaz 25 &N ec. 39798. n Maer of

A090-373-986 4 May 29 2015

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Perez, 22 l&N Dec 689 (BA 1999, the Board nd that te period of continuos

residence equired fo elief unde Section 240A of the Act commences wen the alien

has been "admitted in any status whic includes admission as a temporay visito

For puposes of establishing eligibility fo adustment of stats unde

Section 24 of the Act the Board has held that an alien seeking to show that he

has been admitted to the United States pusant to Section 101(a)( 3(A) of the Act the

applicant need only prove pocedual regularity in his enty which does not require tealen to be questioned by mmigation authoities o be admitted in a paiclar status

Maer of Qilantan 2 lN Dec. 28; atte of Aeuillin 1 l&N Dec 308 (BIA 1980),

eaimed

On ay 201J

te Board held that adustment to laul pemanent

residence on a conditonal basis constitutes an admission fo prposes of detemining

te alien's eligibility to apply fo a fad waive nde Section 237(a)(1) (H) of the Act

See Matte of Aor, 26 l& Dec 66 (BIA 201) he Board distinguished ae of

Connell, 19 &N Dec 16 ( BA 1994), in which it found that the p edecessor waivernde fomer Section 241(f was related to waiving fad and misepesentation in

connection wit an aliens entry into the United States, not faud in connection to the

aliens adjustment of status In elevant pa te Boad looked to other provisions with

Section 101 (a(13(A) a 1996 povision of the Illegal mmigation Reform and mmigrant

Responsibility Act (I RRA and obseved that Congess specied that ceain alien

parolees cannot be considered to have been admitted pursuant to Section

10 (a(13)(B The Board easoned that becase Congess did not include aliens who

adusted thei status wile in the United States in Section 101 (a(13)(A) of the Act, te

povision does not peclude them fom being deemed admitted Matter of Aou, 26

l&N Dec 572. oeover te Board fud suppor for nding tat an adstment of

A090-3 3986 5 ay 29 20 5

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status silaul admsson Secton 1 01 (a)( 3)(C) of the Act, whch states tat a

al e law y adm tted forpermanent residence as ded n Secto 1 0 (a)(20) shal

ot be egarded as seekg a admsso to the Uted Stats uless ca crtra are

met Mae of Aqou 26 l&N Dec. 566 (BIA 201 5) The Boad also cocluded tat

Secto 245b treats a adjustmet de Secto 245@ of te Act as substatally

euvalet to a admsso to pusuant to mgrat vsa o Ylau admsso for

pemaent esdnce at 573

he Uted States Cou of Appeals fo the Fh C cut whosursdcton ths case ases has eld o the deton of an adsso " Secto

1 01 (a)(1 3)(A) of the Act n fd g that a post-ety adustent of status does not

costtute a admsson fo lef purposes Se Manz v Mukas 5 1 9 F. 3d 532

(5th C 2008) In Manz v Mukase te Fh Crcut tepreted a admsson u ndr

Secton 1 0 1 (a)( 1 3)() to ma the lawf etry of an a ae specton somet ng

te dret obvous ly o postetry adustent of stats Id at 54 he ou

obseved that Sectos 25 ad 245A povde the eueets for adustmet of status

to laful ant sdt status ad adustment as a pocedue by whch a

alen bcomes a lawul pemaent resdnt wtout avg to fst leav the

couty Mae v Mukase 5 1 9 F3d at 546 The Co reectd t conteton tat

a adustment costtutes beng adm tted pusuat to the statute fo the purpose of

dtemng lg blty udr Secto 2 1 ()

On May 1 0 1 5 the Fh cut decded aRubo v Lc that a

espodet who was accoded awu pemaent esdenc though adstent of

status satsfd the svyear contuos resdence euemet for cacellaton of

eoval for cetan peaet resdents because the espodet was waved throug a

bode crossg whch the Cou constued as a adss o ay stats. ulaRbo

03398 May 29 201 5


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v. nch, : F3d 205 W 2434832 (5th C r May 2 205) At sse

was whether a wavethr ogh ent r y s an admsson n any stats to meet the

r eqr ements in Secton 240A(a)(2) o t he Act As n Manez Mkase the Fh Cir cut

ond that the wor d "admted s dened by Secton 101(a)( 3(A) o the Act as "t he

lawl ent r y o the alen nto the Unted States aer nspection and athor zaton_by an

mmgr aton Qcer n The Co employed that dention o "admed n deter mnng

the meann o he arger phr ase admd n any stats Tla-Rbo v Lnch 2015

W 2434832 at 5 Accor dng to the Fh Cr cit, to be "admed n any stats the

alen must have lawly enter ed the n ted States Id

n ths case, r espondent was gr anted tempor ay r esdnt status under the

legalzaton or amnesty pr ovsons o the mmgraton Reor m and Cont r o Act o 986

The legazaton pr ogr am pr ovded a pr ocess by w hch alens ntaly egble wod be

br oght wthn the ld o lal per manent r esdence n wo steps An aen w ho s

eligible or tempor ay r esidence s or dnar ly egble in de corse or per manent

resdence nder t he r eguatons pr omulgated pur suant to the statte an aen w ho

gr anted tempor ay r esdence must apply or per manent resdence withn 43

months or hs tempor ay r esident status will be termnateE ae

a INA

Secton 245A (b); 8 CF R § 245a.3

At best, r espondent only obtained the status o a tempor ary r esdent in ths

case His r ecept o tempor ay r esident stats did not cr e hs nal pesence Hs

tempor ay r esdent status was jst t hat .tempor ay That tempor ar y r esdents

pur suant to Secton 245A o the Act ar e to be consder ed as beng n awfl stats

dr ng the dr aton o the gr an /\ oes not mean

that they were lally admed or par oled r or to obtanng the temor a stats To

A090373986 May 29 205


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te extent tat espondent claims tat te approval of s tempoary pemaent resdent

applcaton amounted to an adjustment n s status such tat e was admtted aer

nspecton pusuant to Secton 101(a)(13)(A) suc a argument fals The Board as

eld tat to seek adjustment of status pursuant to Secton 245 of te Act the

adjustment applcant must demonstate, inter tat e as bee

admtted to te United States, as that tem is defned by Secton 101 (a)(13)(A) of te

Act See 8 CF. R § 1251(b)(3); Matter of uilanta, 25 &N Dec 285 An

admission means the aul entry ate inspecton as tat tem s dened

secton 101 a1A} and not a subsequent adjustment to lega status aer te aens

arrva in ths county Ts ssue s wheter te respodet was inspected and

admtted into te United States INA § 245. Respondent has faled to demonstrate

tat at te tme of is entry into the Uted States he was ten nseced and admtted

or aroled e by an migrato Qce:

a as equred fo adjustment of status uder Secto

245 of te Act }The respodent does not mantan, or does te record contain

any pesuasve evdence estabsng e s the benefcia of a visa petton filed on o

before Ap 30 2001 The espondent, accordngy, is aso ieligbe to adjust status

under Section 245() of te Act

Additonally wile the evdence submtted by DHS shows that respondent

appled for tempora esdent status under Section 245A of te Act ad was granted

such status, it also establishes tat respodent's temporay residence was terminated

Exbt 3 Termnatio of the status of any alen previously adjusted to laul tempoary

esidence under Secton 25A(a) of te Act "shall act to retun suc aen to te unawful

status eld pro to te adjustment and rende him o her ameabe to excuson o

depoato poceedngs. 8 CFR § 245a2(u)(4) Te temnato of espondet's

A090-373986 8 May 29 2015

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empoay esidence seed to eun him to he same saus he hed prio o his

empoay esidece Unde he circumstances peseed, the ermiation of tempoary

esidence is suicient o ender espondent subjec to he admissib iiy provisio o

Secio 21 2a)6)A)(i) o the Act because he has no esabl ished ha he ad a pio

enty to he United Saes invoving lawfu admission ae in specio Even if his

adjustment o empoay esiden status qua liied as a admission em inai on o that

status opeates to revoke any pi o adission ad e auomaicay eveed to hi s pio

unlaul uadmied saus 8 C FR § 45a2u)4) The applicable egulation a 8

C F R § 245a2 descibes a om o satus with no asting Hmmig ation beei It

provides that an alie wose saus i s adused o tat of lawul temporay esidence

under Secio 245A is not entitled o an y beei accoded ude the Ac to ali es

lawfuy admied fo pemanen esidece . 8 CF R. § 245a2() Were espon den's

adjustmen o emporay residence o reain in eec despite temia ion of hi s staus

he would ot etu to the unau status he hed pio to his adjustment 8 C R §

245a2(u)(4); see aso e • U S v enandezAias 757 F3d 874 (9h Ci 201 4)

Respodes aival i thi s couty wiout admission o paole ae

ispection and his stauoy ineigib ility f adjusment of staus pursua to Secion

245(i)1 of the Act ead tis Cout to peemit and dey hi s applicaion o adjustment o

saus. Fo the easos stated a gan o empoay esidence pusuant to Sectio

245A posenty does o costitute an ad mission a satisfies he thresho ld

equiemet of Sectio 245a) o te Act wich equies a applicant be "in spected and

admied: or paoled into he Uited States NA § 245a) Eve so e appicable

1 _espondent does not argue nor hs he shown that he is e lg ibl e to seek adjutment of statuspusuant to Scton 245(i) o te Act I that regad there s o showg that respondets aughter or nyoher petoer ed a qua fg peto pro o tha povso's nset dat, tha s�Al 3 0 2001 .

A090373-986 9 May 29 20 5

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regulato also id cates that oce temporary residece s terminated respodet must

be consdered as hang retured to the ulawfu status he held pror to hs adjustment

V CONCLSON AND ORDERS

For the reasos dscussed the ollowig orders shal eter:

T S HEREBY ORDERED that espodet's appcato for adjustmet o

status pursuat to Secto 245(a) o the Act is pretermitted ad deied.

T S FRTER ORDERED that respodet sha l be removed to Mexco

o the charge cotaied the Notce to Appear dated February 1 8 20 5

signature

A090-373986

Please see the next page for electronic

LSA LUSImmg raton Judge

0 May 29 , 205

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/s

Imigration Judge LISA LUIS

LuisL on July 15, 201 5 a 2 : 40 AM GMT

A090-373-986 11

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May 29, 2015

julio mujica, a090 373 986 (bia aug. 28, 2015)

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