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ZHANG v. MUKASEY

No. 06-3665.

509 F.3d 313 (2007)

Yin ZHANG, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 29, 2007.

Attorney(s) appearing for the Case

ARGUED: Russell R. Abrutyn, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner. Aviva L. Poczter, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Russell R. Abrutyn, Marshal E. Hyman, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner. Aviva L. Poczter, United States Department of Justice, Washington, D.C., for Respondent.

Before: BATCHELDER and GILMAN, Circuit Judges; VARLAN, District Judge.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

At issue in this case is whether an adjustment of status constitutes an "admission" for purposes of 8 U.S.C. § 1227(a)(2)(A)(i), as the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) held. Finding that it does not, we GRANT the petition for review, VACATE the removal order, and REMAND for a new hearing.

I.

Ms. Yin Zhang, a Chinese national, was admitted to the United States...

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