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KAR ONN LEE v. HOLDER

Docket No. 12-10-ag.

701 F.3d 931 (2012)

KAR ONN LEE, Petitioner, v. Eric H. HOLDER, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: December 3, 2012.

Attorney(s) appearing for the Case

John L. Moncrief , New York, NY, for Petitioner.

Rebecca Hoffberg Phillips , Trial Attorney; William C. Peachey , Assistant Director, Office of Immigration Litigation; Stuart F. Delery , Acting Assistant Attorney General, Civil Division, United States Department of Justice, Washington, DC, for Respondent.

Before: LEVAL, CABRANES, and SACK, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Petitioner Kar Onn Lee, a Malaysian citizen who has overstayed his nonimmigrant visa in the United States, seeks an adjustment of immigration status. Generally, applicants (such as Lee) who are present in the United States unlawfully are not eligible for a change of immigration status. See 8 U.S.C. § 1255(c).1 Lee, however, has invoked the so-called "grandfathering" exception for beneficiaries...

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