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GARFIAS-RODRIGUEZ v. HOLDER

No. 09-72603.

649 F.3d 942 (2011)

Francisco Javier GARFIAS-RODRIGUEZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 11, 2011.

Attorney(s) appearing for the Case

Soren M. Rottman, Esq. , Northwest Immigrant Rights Project, Granger, WA, for the petitioner.

Tony West , Blair T. O'Connor , and Luis E. Perez , Civil Division, Department of Justice, Washington, D.C., for the respondent.

Before: RAYMOND C. FISHER and JAY S. BYBEE, Circuit Judges, and EDWARD F. SHEA, District Judge.

OPINION

BYBEE, Circuit Judge:

Petitioner-Appellant Francisco Garfias-Rodriguez ("Garfias") appeals a final removal order issued by the Board of Immigration Appeals ("BIA") that determined that he was ineligible for adjustment of status under 8 U.S.C. § 1255(i). He challenges the order on two grounds. First, he contends that our interpretation of 8 U.S.C. §§ 1182(a)(9)(C)(i)(I) and 1255(i) in Acosta v. Gonzales, 439 F...

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