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Vasquez de Alcantar v. Holder

Facts

Maria Alejandra Vasquez de Alcantar entered the United States without inspection in 1989 and later married a legal permanent resident. Her husband filed a Form I-130, which was granted, allowing her to apply for adjustment of status. However, in 2006, she attempted to assist an undocumented minor to unlawfully enter the U.S., leading to removal proceedings. The BIA found that she did not meet the seven years of continuous residence requirement for cancellation of removal, as her admission date was not until she was granted LPR status on May 17, 2001.

Maria Alejandra Vasquez de Alcantar entered the United States without inspection in 1989 and later married a legal permanent resident. Her husband filed a Form I-130, which was granted, allowing her to apply for adjustment of status. However, in 2006, she attempted to assist an undocumented minor to unlawfully enter the U.S., leading to removal proceedings. The BIA found that she did not meet the seven years of continuous residence requirement for cancellation of removal, as her admission date was not until she was granted LPR status on May 17, 2001.

Issue

Whether Vasquez was 'admitted in any status' for the purposes of meeting the seven years of continuous residence requirement under 8 U.S.C. 1229b(a)(2).

Whether Vasquez was 'admitted in any status' for the purposes of meeting the seven years of continuous residence requirement under 8 U.S.C. 1229b(a)(2).

Rule

An approved Form I-130 Petition for Alien Relative does not confer admission status on an undocumented alien for purposes of showing seven years of continuous residence under 8 U.S.C. 1229b(a)(2).

An approved Form I-130 Petition for Alien Relative does not confer admission status on an undocumented alien for purposes of showing seven years of continuous residence under 8 U.S.C. 1229b(a)(2).

Analysis

The court analyzed whether Vasquez was 'admitted in any status' by examining the statutory definition of 'admitted' under 8 U.S.C. 1101(a)(13)(A). It concluded that she was not 'admitted' because she entered the U.S. without inspection and authorization. The court also considered alternative methods for establishing admission but found that the approved I-130 petition did not qualify her as 'admitted in any status' since it merely allowed her to apply for adjustment of status.

The court analyzed whether Vasquez was 'admitted in any status' by examining the statutory definition of 'admitted' under 8 U.S.C. 1101(a)(13)(A). It concluded that she was not 'admitted' because she entered the U.S. without inspection and authorization. The court also considered alternative methods for establishing admission but found that the approved I-130 petition did not qualify her as 'admitted in any status' since it merely allowed her to apply for adjustment of status.

Conclusion

The court affirmed the BIA's decision, concluding that Vasquez did not meet the continuous residence requirement for cancellation of removal and denied her petition for review.

The court affirmed the BIA's decision, concluding that Vasquez did not meet the continuous residence requirement for cancellation of removal and denied her petition for review.

Who won?

The Board of Immigration Appeals prevailed because the court upheld its determination that Vasquez did not meet the continuous residence requirement due to her lack of admission status until she was granted LPR.

The Board of Immigration Appeals prevailed because the court upheld its determination that Vasquez did not meet the continuous residence requirement due to her lack of admission status until she was granted LPR.

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