Matter of Jose S. Martinez-Montalvo Opinion Published
The Board of Immigration Appeals published an opinion in the Matter of Jose S. Martinez-Montalvo case. The case originated in Miami, Florida. The case citation is 24 I&N Dec. 778 (BIA 2009).
Under 8 C.F.R. §§ 245.2(a)(1) and 1245.2(a)(1)(ii) (2008), Immigration Judges have no
jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of
status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732,
80 Stat. 1161, as amended, with the limited exception of an alien who has been placed in
removal proceedings after returning to the United States pursuant to a grant of advance
parole to pursue a previously filed application. Matter of Artigas, 23 I&N Dec. 99 (BIA
2001), superseded.
If you or a loved one is in immigration court or has any other immigration matter, contact The Nunez Firm to discuss your situation and options. The Nunez Firm can help you.
