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ELKINS v. COMFORT

No. 03-1184.

392 F.3d 1159 (2004)

Sonny (Kilson) ELKINS, Petitioner-Appellant, v. Michael COMFORT, Acting District Director, United States Immigration and Naturalization Service, Denver, Colorado, in his official capacity; John Ashcroft, United States Attorney General, in his official capacity; and James W. Ziglar, Commissioner, U.S. Immigration and Naturalization Service, in his official capacity, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

December 20, 2004.

Attorney(s) appearing for the Case

Marc Van Der Hout (Stacy Tolchin with him on the briefs), of Van Der Hout, Brigagliano & Nightingale, San Francisco, CA, for Petitioner-Appellant.

Papu Sandhu, Senior Litigation Counsel (Emily Anne Radford, Assistant Director, with him on the brief), Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for Respondents-Appellees.

Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

An alien who has been paroled into the United States may seek an adjustment of status under 8 U.S.C. § 1255(a) to avoid being removed from this country. Such adjustment is available, however, only to aliens who are "admissible" to the United States for permanent residence. Id. One ground of inadmissibility is conviction of a controlled-substance offense under the laws of the United States, any State, or any foreign country. 8 U.S...

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