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ORTEGA-CERVANTES v. GONZALES

No. 05-70605.

501 F.3d 1111 (2007)

Arturo ORTEGA-CERVANTES, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2007.

Attorney(s) appearing for the Case

Gloria Martinez-Senftner, Roseville, CA, for the petitioner.

Arthur L. Rabin, Stephen J. Flynn, U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: MARY M. SCHROEDER, Chief Circuit Judge, STEPHEN S. TROTT and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

This case requires us to determine whether aliens who are "conditional[ly] parole[d]" pursuant to 8 U.S.C. § 1226(a) are necessarily "paroled into the United States" and thus eligible for adjustment of status pursuant to 8 U.S.C. § 1255(a). We hold that they are not.

I. Background

Arturo Ortega-Cervantes, a citizen of Mexico, was apprehended on June 8, 2002, together with fourteen other aliens who had...

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