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Keywords

motionregulationparoleasylumvisaliens
motionregulationparoleasylumvisaliens

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Mouelle v. Gonzales

Facts

Jean and Germaine Mouelle entered the U.S. as exchange visitors but overstayed their visas. After applying for asylum, they traveled to Canada and reentered the U.S. under advance parole. The INS initiated removal proceedings against them, and their asylum application was denied. They later sought to adjust their status based on an approved employment-based visa petition but were denied due to their classification as 'arriving aliens' in removal proceedings.

Jean and Germaine Mouelle entered the U.S. as exchange visitors but overstayed their visas. After applying for asylum, they traveled to Canada and reentered the U.S. under advance parole. The INS initiated removal proceedings against them, and their asylum application was denied. They later sought to adjust their status based on an approved employment-based visa petition but were denied due to their classification as 'arriving aliens' in removal proceedings.

Issue

Whether the BIA erred in denying the Mouelles' motion to reopen their removal proceedings based on their status as 'arriving aliens' and their eligibility for adjustment of status under 8 U.S.C. 1255(i).

Whether the BIA erred in denying the Mouelles' motion to reopen their removal proceedings based on their status as 'arriving aliens' and their eligibility for adjustment of status under 8 U.S.C. 1255(i).

Rule

The BIA's regulations state that 'arriving aliens' in removal proceedings are ineligible to apply for adjustment of status under 8 U.S.C. 1255(i).

The BIA's regulations state that 'arriving aliens' in removal proceedings are ineligible to apply for adjustment of status under 8 U.S.C. 1255(i).

Analysis

The court found that the BIA correctly classified the Mouelles as 'arriving aliens' under the relevant regulations, which barred them from adjusting their status while in removal proceedings. The court rejected the petitioners' argument that their advance parole status exempted them from this classification, affirming the validity of the regulatory bar to status adjustment.

The court found that the BIA correctly classified the Mouelles as 'arriving aliens' under the relevant regulations, which barred them from adjusting their status while in removal proceedings. The court rejected the petitioners' argument that their advance parole status exempted them from this classification, affirming the validity of the regulatory bar to status adjustment.

Conclusion

The court denied the petitions for review, affirming the BIA's decisions regarding the denial of asylum and the motion to reopen removal proceedings.

The court denied the petitions for review, affirming the BIA's decisions regarding the denial of asylum and the motion to reopen removal proceedings.

Who won?

The government prevailed in the case as the court upheld the BIA's decisions, finding no abuse of discretion in denying the Mouelles' applications.

The government prevailed in the case as the court upheld the BIA's decisions, finding no abuse of discretion in denying the Mouelles' applications.

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