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

The following excerpt is from De Los Santos v. I.N.S., 91 F.3d 151 (9th Cir. 1996):

Under 245(a), the Attorney General has discretion, under certain enumerated conditions, to adjust the status of an alien to that of lawful permanent resident. The petitioner carries the burden of demonstrating statutory eligibility, and entitlement to a favorable exercise of discretion. Rashtabadi v. INS, 23 F.3d 1562, 1568 (9th Cir.1994). The parties do not disagree over whether petitioner satisfied the statutory requirements. At issue is whether petitioner was entitled to a favorable exercise of discretion.

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