Escobar-Barraza v. Mukasey, 7th Cir. Mar. 13, 2008
07-2502 Escobar-Barraza v. Mukasey
Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.
EASTERBROOK, Chief Judge. Arturo Escobar Barraza, a citizen of Mexico, applied for permission to remain in the United States as a permanent resident under a provision establishing a preference for immediate relatives of citizens. (Both his wife and his mother are citizens of the United States.) Before the agency made a final decision on this application, however, Escobar was convicted in Nebraska of possessing drug paraphernalia—specifically, a pipe for smoking marijuana. Neb. Rev. Stat. §28-441. An immigration judge concluded that this conviction makes Escobar inadmissible, see 8 U.S.C. §1182(a)(2)(A)(i)(II), and an alien who is inadmissible at the time he seeks adjustment of status not only is ineligible for permanent residence, see 8 U.S.C. §1227(a)(1)(A), but also is not entitled to remain in the United States. The IJ ordered him removed to Mexico, and the Board of Immigration Appeals agreed. … The petition for review is granted, the Board’s decision is vacated, and the matter is remanded for proceedings consistent with this opinion. Escobar-Barraza v. Mukasey.
