Mercado v. Ashcroft
Mercado v. Ashcroft
Opinion of the Court
MEMORANDUM
Mercado first argues that he was never legally admitted as a permanent resident in the United States, and he is consequently eligible for relief pursuant to 8 U.S.C. § 1182(h). It is undisputed that Mercado became a lawful permanent resident in 1990, when his status was adjusted under 8 U.S.C. § 1160. These facts establish that he was “admitted” for purposes of § 1182(h). See 8 U.S.C. § 1160(a)(2) (“The Attorney General shall adjust the status of any alien provided lawful tempo
Mercado also argues that § 1182(h)’s differentiation between legal and illegal aliens violates equal protection. This argument was squarely rejected in Taniguchi v. Schultz, 303 F.3d 950, 957-58 (9th Cir. 2002).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.