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SANDOVAL v. HOLDER

No. 09-3600.

641 F.3d 982 (2011)

Alejandra SANDOVAL, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: June 14, 2011.

Attorney(s) appearing for the Case

Anna Marie Petosky , argued, Minneapolis, MN, Randall Tietjen , Minneapolis, MN, Benjamin Casper , West St. Paul, MN, and Sheila Stuhlman , St. Paul, MN, on the brief, for petitioner.

Aliza Bessie Alyeshmerni , USDOJ, OIL, argued, Washington, DC, Benjamin J. Zeitlin , USDOJ, OIL, on the brief, Washington, DC, for respondent.

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.

BYE, Circuit Judge.

Alejandra Sandoval, a citizen of Mexico, contends section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (INA), which renders inadmissible any alien who makes a false claim to United States citizenship, should not apply to her because, at the time she made the misrepresentation, she was an unaccompanied minor. The immigration judge (IJ) accepted Sandoval's argument and granted her adjustment of status on the basis of her marriage to a...

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