This memorandum provides interim policy guidance in light of the judgment of the U.S. Court of
Appeals for the Ninth Circuit in Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004), and cases in
other federal circuits, addressing inadmissibility under section 212(a)(9) of the Immigration and
Nationality Act (INA) and eligibility to apply for adjustment of status in conjunction with a request for consent to reapply for admission to the United States. This memorandum instructs adjudicators on
handling of Forms I-212, Application for Permission to Reapply for Admission Into the United States
After Deportation and Removal filed with USCIS offices within or outside of the Ninth Circuit.