Document Type

Article

Publication Date

2-7-2008

Abstract

Petitioner Monica Tenesaca Delgado, a native and citizen of Ecuador, petitions this Court for review of an October 26, 2006 decision by the United States Immigration & Customs Enforcement ("ICE") reinstating a prior order of removal against her. Earlier on the same date that the ICE issued its decision, the United States Citizenship and Immigration Services ("CIS") denied Delgado's application to adjust her status to that of a lawful permanent resident and denied her application for a waiver of her ineligibility for admission to the United States. The CIS found that Delgado was ineligible for adjustment of her status to that of a lawful permanent resident ("adjustment of status") because she had entered the United States without permission after having been removed. The CIS further found that no waiver was available for such inadmissibility and that Delgado did not meet the requirements, set forth in INA § 212(a)(9)(C)(ii), 8 U.S.C. § 1182(a)(9)(C)(ii), for the exception because ten years had not passed from the date of Delgado's last departure from the United States and she did not seek permission for readmission before she reentered. After issuing its decision, the CIS immediately notified the ICE of its decision as well as Delgado's prior removal. The ICE then issued a decision reinstating the prior order of removal against Delgado because she had entered the United States without permission after having been removed previously. Delgado challenges the decision by the ICE.

For the reasons that follow, Delgado's petition for review is denied.

Comments

516 F.3d 65 (2008)

Monica Tenesaca DELGADO, a/k/a Monica Patricia Tenesaca Delgado, Petitioner-Appellant, v. Michael B. MUKASEY,[1] Attorney General of the United States, Respondent-Appellee.

No. 06-5035-ag. United States Court of Appeals, Second Circuit.

Argued: October 30, 2007. Decided: February 7, 2008.

New York La School location: File #3645, Box #152

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