Martinez v. Attorney General of the United States, No. 11-2258; Third Circuit, opinion by Jones, U.S.D.J.; filed September 6, 2012. Before Judges McKee and Hardiman, and Jones, District Judge, sitting by designation. On petition for review of a final order of the Board of Immigration Appeals. [Sat below: Judge Reichenberg.] DDS No. 51-8-7639 [14 pp.]

Petitioner Erasmo Martinez, a native of Nicaragua, entered the United States without inspection in 1985. In October 1989, he married a U.S. citizen, with whom he has a child. Martinez began the process of adjusting his status to lawful permanent resident (LPR).