Colmenares-Carpio v. Holder
N/AOUTCOME: Reverse and remand BIA decision
10th Circuit court of Appeals stated: "In light of the terms used in the relevant statutes, decisions from other courts, and the policies underlying our immigration laws, we conclude that a K-2 visa h ... older who timely applies for an adjustment of status under 8 U.S.C. § 1255(d) must be under twenty-one when he or she seeks to enter the United States, not when his or her subsequent application for adjustment of status is finally adjudicated. We reject the government’s proposed alternative ground for affirmance because the BIA did not reach that issue and the government’s argument is inconsistent with a USCIS regulation and case authority. In light of the fact that Mr. Colmenares was under twenty-one when he sought to enter the United States, we reverse the decision of the BIA and remand for proceedings consistent with this opinion."
