United States v. Hernandez-Arias

The Ninth Circuit in amending its previous decision in this case, 745 F.3d 1275, allows for the adjustment of an alien to the status of a lawful temporary resident.

Hernandez-Arias is a Citizen of Mexico who entered the United States illegally in 1988. Hernandez-Arias was then deported in 2010 due to his past criminal history. Three weeks after his deportation, Hernandez-Arias attempted re-entry into the U.S. by using a fraudulent passport and visa, to which he was caught, prosecuted, and convicted of fraudulent reentry and illegal use of reentry documents. Hernandez-Arias appealed, claiming a violation of his due process rights because he was deported as being an alien who had not been admitted or properly paroled. The Ninth Circuit originally held when first reviewing this case in United States v. Hernandez-Arias, 745 F.3d 1275 that Hernandez-Arias’ conviction was proper. The Ninth Circuit now has amended its decision to include a footnote that limits its earlier opinion regarding the status of an admission that came about under the provisions. The footnote allows the adjustment of an alien to the status of a lawful temporary resident, as allowed by 8 U.S.C. § 1255a(a). AFFIRMED.