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LANDIN-MOLINA v. HOLDER

Nos. 05-73677, 05-75825.

580 F.3d 913 (2009)

Victor LANDIN-MOLINA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent. Petra Estrada-Mendoza, Petitioner, v. Eric H. Holder Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 1, 2009.

Attorney(s) appearing for the Case

Nicomedes E. Suriel, Phoenix, AZ, for petitioner Landin-Molina.

Peter D. Keisler, Assistant Attorney General, Mark C. Walters, Assistant Director, Joanne E. Johnson, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.

Christopher J. Todd, Mill Valley, CA; Stephen V. Scribner, Santa Rosa, CA, for petitioner Estrada-Mendoza.

Peter D. Keisler, Assistant Attorney General, Emily Anne Radford, Assistant Director, Gjon Juncaj, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.

Before STEPHEN S. TROTT, M. MARGARET McKEOWN and SANDRA S. IKUTA, Circuit Judges.

McKEOWN, Circuit Judge:

We consider here an alien's eligibility to adjust to lawful permanent resident status via the "grandfathering" regulations implementing § 245(i) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1255(i) ("§ 1255(i)"). Adjustment of status is generally available only to aliens who were inspected and admitted or paroled into the United States, see INA § 245(a), 8 U.S.C. § 1255(a); however, under §...

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