OROZCO v. MUKASEY

No. 06-75021.

521 F.3d 1068 (2008)

Brian OROZCO, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2008.


Attorney(s) appearing for the Case

Jaime Jasso, Immigration Appealworks, Westlake Village, CA, for the petitioner-appellant.

Allen W. Hausman, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, for the respondent-appellee.

Before: KIM McLANE WARDLAW, CARLOS T. BEA, and N. RANDY SMITH, Circuit Judges.


N.R. SMITH, Circuit Judge:

We hold that an alien, who obtains entry into the United States by fraudulent means, is statutorily ineligible for adjustment of status under 8 U.S.S. § 1255(a). Because petitioner Brian Orozco ("Orozco") obtained entry into the United States by presenting identification that was not his own to an immigration agent, we hold that the Board of Immigration Appeals ("BIA") and the immigration judge ("IJ") properly denied Orozco's application...

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