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Medina-Morales v. Ashcroft

United States Court of Appeals for the Ninth Circuit
371 F.3d 520 (2004)

Written by Eric DiVito, JD

Facts

Dennis Medina-Morales (plaintiff) was a native and citizen of Honduras who came to the United States as a child, without being admitted or paroled. Six years after Medina-Morales’s arrival, his mother married a United States citizen. There is no evidence that the marriage was a sham. A few years later, Medina-Morales’s mother and stepfather began living apart but did not have plans to divorce. Medina-Morales filed an application for adjustment of status based on his relationship with his stepfather. Medina-Morales then abandoned the application but subsequently filed a motion to reopen it. An immigration judge (IJ) denied Medina-Morales’s motion to reopen his application based on the weakness of the relationship between Medina-Morales and his stepfather. Medina-Morales appealed the decision to the Board of Immigration Appeals (BIA), which upheld the IJ’s decisions. Medina-Morales appealed the BIA’s decision.

Rule of Law

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Issue

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Holding and Reasoning (Fisher, J.)

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