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Bokhari v. Holder

Appellant seeks review of a Board of Immigration Appeals' decision denying his application to adjust to permanent resident status and ordering him to depart from the United States. Because appellant's employment authorization did not provide him with lawful immigration status and he unlawfully remained in the United States for more than 180 days after he was in unlawful immigration status, the board's decision is affirmed. 5th U.S. Circuit Court of Appeals, No. 09-60538, 09-29-2010

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Published opinion

Before JOLLY, DeMOSS, and DENNIS, Circuit Judges.

On December 29, 2006, the Department of Homeland Security (“DHS”) commenced removal proceedings against Syed Talha Bokhari, a native and citizen of Pakistan who entered the United States as a nonimmigrant visitor. Bokhari conceded his removability, but sought adjustment of his status from a nonimmigrant worker to a permanent resident. The Immigration Judge (“IJ”) determined that Bokhari was ineligible for adjustment of status, because he had failed to maintain lawful status in this country for more than 180 days. Bokhari appealed to the Board of Immigration Appeals (“BIA”), and the BIA affirmed the IJ. Bokhari now petitions this court for a review of the BIA’s decision. Bokhari argues that, because he was authorized to work in the United States, it necessarily follows that he was authorized to be in the United States, and he thus was not in unlawful status for more than 180 days. He therefore contends that he is eligible for an adjustment of status, and that the BIA and IJ erred by not reaching the merits of his application to adjust to permanent resident status. We disagree. Finding no error, we DENY Bokhari’s petition for review of the BIA’s decision.

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