Ninth Circuit finds that Parole is not Admission in Any Status

The Ninth Circuit has determined that an individual who entered in the United States on a parole document was not “admitted in any status,” as contemplated by the cancellation of removal for lawful permanent residents statute. In so doing, the court noted that its prior case law finding that parole status connected with Family Unity Benefits constituted an admission had been repudiated by the Board of Immigration Appeals (Board) and that that the court had previously deferred to the Board’s narrower definition of admission.

The full text of Allaniz v. Barr can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/05/20/15-72792.pdf

Ninth Circuit Determines that Wave Through Entry Qualifies as Admission in any Status

The Ninth Circuit has determined that a wave-through entry at the border qualifies as an "admission in any status" for the purpose of cancellation of removal for lawful permanent residents.  The Ninth Circuit holding is in accordance with a prior decision issued by the Fifth Circuit.

The full text of Saldivar v. Sessions can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/11/07/13-72643.pdf

Ninth Circuit Construes "Admission in any Status"

The Ninth Circuit has determined that an applicant who was listed as a derivative beneficiary on his mother's NACARA application was not admitted in any status (as contemplated by the cancellation of removal for lawful permanent residents statute) at the time of that application.  In addition, the conferring of work authorization as a result of that pending application did not result in an admission. 

The full text of Fuentes v. Lynch can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2016/09/14/13-74056.pdf

Tenth Circuit Addresses "Admission in any Status" for Cancellation of Removal

In an unpublished decision, the Tenth Circuit assumed that a procedurally regular admission, as described in Matter of Quilantan, would qualify as an admission in any status for the purposes of cancellation of removal for lawful permanent residents.  The court, however, found insufficient evidence that the applicant had been admitted at the port of entry in such a manner.

The full text of Pineda v. Lynch can be found here:

https://www.ca10.uscourts.gov/opinions/15/15-9577.pdf