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DE ACOSTA v. HOLDER

No. 07-1155.

556 F.3d 16 (2009)

Silvia DE ACOSTA, Petitioner, v. Eric H. HOLDER, Jr. Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided February 12, 2009.

Attorney(s) appearing for the Case

William P. Joyce and Joyce & Associates P.C., for petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Mark C. Walters, Assistant Director, Office of Immigration Litigation, and Joanne E. Johnson, Attorney, United Immigration Division, on brief for respondent.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Silvia De Acosta, a citizen of Brazil, petitions for review of the denial of her application for adjustment of status. The Immigration Judge ("IJ") found De Acosta ineligible for adjustment of status under § 245(i) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1255(i), and thus removable. The IJ's finding rests on two distinct statutory criteria, each of which independently supports a determination of ineligibility: she...

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