No. 03-9610.

394 F.3d 881 (2005)

Humberto FERNANDEZ-VARGAS, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

January 12, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs: J. Chris Keen, Keen Law Offices, LLC, Provo, UT, for Petitioner.

Papu Sandhu, Senior Litigation Counsel, Aviva L. Poczter, Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent.

Before McCONNELL, HOLLOWAY, and PORFILIO, Circuit Judges.

McCONNELL, Circuit Judge.

This case turns upon the application of two statutes.1 The first statute is § 245(i) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1255(i), which allows an alien who entered the United States without inspection to apply to become an alien lawfully admitted for permanent residence, if a petition for classification under INA § 204, 8 U.S.C. § 1154, (including a relative visa petition...

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