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AMPONSAH v. HOLDER

No. 11-71311.

709 F.3d 1318 (2013)

Doris AMPONSAH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 22, 2013.

Attorney(s) appearing for the Case

Carol L. Edward (argued), Law Offices of Carol L. Edward & Associates, P.S., Seattle, Washington, for Petitioner.

Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Douglas E. Ginsburg , Assistant Director, Office of Immigration Litigation, and Katherine A. Smith (argued), Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and GORDON J. QUIST, District Judge.

OPINION

FISHER, Circuit Judge:

Doris Amponsah Apori seeks review of the Board of Immigration Appeals' (BIA) decision upholding the immigration judge's pretermission of her adjustment of status application. The BIA pretermitted Apori's application on the ground that Apori did not satisfy the definition of "child" under 8 U.S.C. § 1101(b)(1)(E) because she was not adopted before her 16th birthday. The BIA applied its precedent imposing a blanket rule...

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