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RIVERA v. ASHCROFT

No. 04-1060.

394 F.3d 37 (2005)

Santa Rodriguez de RIVERA, Petitioner, v. John ASHCROFT, United States Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided January 5, 2005.

Attorney(s) appearing for the Case

Robert M. Warren, for petitioner.

Anthony P. Nicastro, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, Barry J. Pettinato, Senior Litigation Counsel, and Anthony C. Payne, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, were on brief, for respondent.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

This immigration case presents legal issues overlapping with those resolved by Succar v. Ashcroft, 394 F.3d 8, released this same day. The petitioner is the wife of an American citizen and is also an arriving alien who was paroled and then placed in removal proceedings. Pursuant to a regulation, 8 C.F.R. § 1245.1(c)(8), saying arriving aliens in removal proceedings could not apply for adjustment of...

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