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PADILLA-CALDERA v. GONZALES

No. 04-9573.

426 F.3d 1294 (2005)

Concepcion PADILLA-CALDERA, Petitioner, v. Alberto R. GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

October 18, 2005.

Attorney(s) appearing for the Case

Stephen W. Manning, (Lane McFee on the briefs), Denver, CO, for the Petitioner.

Victor M. Lawrence, (Richard M. Evans, Assistant Director and Nancy E. Friedman on the brief), United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for the Respondent.

Before HENRY, LUCERO, Circuit Judges, and BRACK, District Court Judge.

LUCERO, Circuit Judge.

We examine two contradictory provisions of the Immigration Code, 8 U.S.C. § 1182(a)(9)(C)(i)(I) and 8 U.S.C. § 1255(i), to determine whether the Attorney General has the discretion to adjust the status of certain aliens who have illegally reentered the United States after having been unlawfully present in this country for an aggregate period of more than a year. We cannot follow the dictates of both sections. The Immigration Judge...

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