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BARRIOS v. ATTORNEY GENERAL OF U.S.

No. 03-3211.

399 F.3d 272 (2005)

Miguel Francisco Castro BARRIOS, Petitioner, v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

February 25, 2005.

Attorney(s) appearing for the Case

Robert Frank, (argued), Newark, for Petitioner Miguel Castro Barrios.

Peter D. Keisler, Assistant Attorney General, Civil Division, Michelle E. Gorden, Senior Litigation Counsel, Office of Immigration Litigation, Thomas H. Tousley (argued), Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, for Respondent Attorney General of the United States.

Before NYGAARD and GARTH, Circuit Judges, and POLLAK, District Judge.

OPINION

GARTH, Circuit Judge.

Section 242B(e) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1252b(e)(2)(A) (repealed 1996), prohibits an alien who has remained in the United States after the scheduled date of voluntary departure from applying for certain forms of relief, including an adjustment of status, for a period of five years.1 A proper showing of "exceptional circumstances" is the only escape from the...

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