Isla v. Gonzales, 2005 U.S. App. LEXIS 3686 (9^th Cir.).

On petition for review of a removal order issued by the Board of Immigration Appeals, the Ninth Circuit held that the Petitioner was given insufficient notice of the consequences of her acceptance of advance parole, and was therefore improperly denied the ability to apply for adjustment of status in her removal proceedings, and granted a petition for review.

The Petitioner was present in the country pursuing a claim for asylum, and applied for advanced parole in order to travel to the Philippines to visit her ailing father. Advance parole was granted and she was issued a parole authorization form, which stated that if the Petitioner's request for asylum were denied, she would be subject to exclusion proceedings.

Upon her return to the U.S., the Petitioner withdrew her application for asylum in order to pursue an adjustment of status. The Service responded by initiating removal proceedings, and charging her as an "arriving alien" without valid entry documents.

Prior case law in the Ninth Circuit stated that an alien granted advanced parole cannot be deprived of the substantive and procedural rights that would have otherwise been available to her prior to leaving the country if she is not given sufficient notice of the consequences of acceptance of advanced parole. The form given to the Petitioner only warned her of consequences if her asylum application were denied. The form did not state that by accepting advanced parole, she would be forfeiting certain rights to pursue other forms of discretionary relief, such as the ability to apply for adjustment of status.

The Ninth Circuit found that since the form inadequately informed the Petitioner that she would be deprived of substantive and procedural rights if she accepted the advance parole, a petition of review should be granted.