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ACOSTA v. GONZALES

No. 04-72682.

439 F.3d 550 (2006)

Braulio Juan ACOSTA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 23, 2006.

Attorney(s) appearing for the Case

Jennifer M. Rotman, Immigrant Law Group LLP, Portland, OR, argued the cause for the petitioner; Stephen W. Manning and Jessica M. Boell, Immigrant Law Group, Portland, OR, were on the briefs.

Barry Pettinato, United States Department of Justice, Washington, DC, argued the cause for the respondent; Peter D. Keisler, M. Jocelyn Lopez Wright, and Carol Federighi, United States Department of Justice, Washington, DC, were on the brief.

Before: BROWNING, D.W. NELSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether an inadmissible alien is eligible for penalty-fee adjustment of status based on marriage to a United States citizen or an extreme hardship waiver, or both.

I

Braulio Juan Acosta is a Mexican national who entered the United States without inspection in May 1993. Since his illegal entry into the country, he has returned to Mexico twice, in 1996 and 1999...

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