PEREZ-ENRIQUEZ v. GONZALES

No. 03-70244.

463 F.3d 1007 (2006)

Jaime PEREZ-ENRIQUEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2006.


Attorney(s) appearing for the Case

Raul R. Labrador, Nampa, ID, Robert H. Gibbs, Robert H. Pauw, Gibbs Houston Pauw, Seattle, WA, for the petitioner.

Francis W. Fraser, Deborah N. Misir, U.S. Department of Justice, Washington, D.C., for the respondent.

Stephen W. Manning, Jennifer M. Rotman, and Jessica M. Boell, American Immigration Lawyers Association, Portland, OR, for Amicus.

Before: SCHROEDER, Chief Judge, REINHARDT, O'SCANNLAIN, THOMAS, SILVERMAN, McKEOWN, WARDLAW, W. FLETCHER, FISHER, PAEZ, MARSHA S. BERZON, TALLMAN, RAWLINSON, BYBEE, CALLAHAN, Circuit Judges.


WILLIAM A. FLETCHER, Circuit Judge:

The question raised by this petition is whether the admissibility of an alien under the Special Agricultural Worker ("SAW") program is determined only as of the date of admission for lawful temporary residence under 8 U.S.C. § 1160(a)(1), or whether it is determined both as of that date and as of the date of adjustment to lawful permanent residence under § 1160(a)(2). We hold that admissibility is determined as of the...

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