Does the Attorney General have authority to suspend or adjust the status of a deportable alien based on an aggravated felony or narcotics conviction?

MultiRegion, United States of America

The following excerpt is from Zavala-Zaragoza v. I.N.S., 92 F.3d 1195 (9th Cir. 1996):

The INA provides that for a deportable alien, the Attorney General, in her discretion, may "suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence...." 8 U.S.C. 1254(a); see also INS v. Rios-Pineda, 471 U.S. 444, 445-46, 105 S.Ct. 2098, 2100, 85 L.Ed.2d 452 (1985). In order to qualify for the discretionary adjustment, an alien who is deportable based on a conviction for an aggravated felony or a narcotics violation must have "been physically present in the United States for a continuous period of not less than ten years immediately following the commission" of the offense. 8 U.S.C. 1254(a)(2) (refering to aliens deportable under 1251(a)(2), (3) and (4)); see also 8 U.S.C. 1251(a)(2)(A)(iii) and (B)(i). "Every alien who applies for adjustment of status under 8 U.S.C. 1255 bears the burden of proving that he meets the statutory requirements for eligibility." Rashtabadi v. INS, 23 F.3d 1562, 1567-68 (9th Cir.1994).

Other Questions


Does the Attorney General have discretion to suspend the deportation of an otherwise deportable alien? (MultiRegion, United States of America)
Does the Attorney General have discretion to suspend deportation of an otherwise deportable alien? (MultiRegion, United States of America)
Does the Attorney General have discretion to adjust the status of an alien to that of a lawful permanent resident? (MultiRegion, United States of America)
Can a defendant who has been convicted of an aggravated felony apply for a waiver of inadmissibility from the Attorney General? (MultiRegion, United States of America)
Does Attorney-General for Canada have to be Attorney General for Canada? (Canada (Federal), Canada)
Does the Special Master of the Civilian Court have any authority or authority to issue an Executive Order requiring the Attorney General to produce copies of the Order in writing? (MultiRegion, United States of America)
Does section 1252(a)(2)(C) of Title 8 of the Immigration and Customs Code allow the INS to review a removal order based on the conviction of an alien convicted of a similar crime? (MultiRegion, United States of America)
Is a criminal conviction a crime of violence and therefore an aggravated felony rendering an alien removable? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Is Attorney-General for Canada Attorney General for Canada legal? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.