ZAMORA-MOLINA
25 I. & N. Dec. 606
BIA2011Background
- Zamora-Molina (b. 1987) is a Mexican national who entered US on a B-2 visa in 2000.
- His mother filed an I-130 for him in 2004 to grant 2A (LPR child) status; petition approved in 2007 with a 2004 priority date.
- Before his priority date became current, his mother naturalized on July 24, 2009.
- He was charged with removability in 2008 and conceded removability in 2009; he sought adjustment as the child of a US citizen.
- The Immigration Judge denied adjustment, but granted voluntary departure; Board dismissed the appeal and remanded for bond and advisals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 201(f)(2) bars immediate relative status when over 21 at parent’s naturalization. | Zamora-Molina argues CSPA timing keeps him a child. | DHS relies on 201(f)(2) age at naturalization controls; he is not a child. | Yes; not an immediate relative. |
| Whether 204(k)(2) permits preserving 2A status after parent naturalizes. | Requests to opt out to retain 2A status. | No opt-out for 2A; automatic conversion to 1st preference applies. | No opt-out available; conversion to 1st preference; visa not current. |
Key Cases Cited
- Matter of Wang, 25 I&N Dec. 28 (BIA 2009) (CSPA age rules for immediate relative do not apply to 2A under 201(f)(2))
- Matter of Fuentes-Campos, 21 I&N Dec. 905 (BIA 1997) (court declines to rule on constitutionality of statutes)
- Matter of Gamero, 25 I&N Dec. 164 (BIA 2010) (voluntary departure bond requirements; remand procedures)