The following excerpt is from Zavala-Zaragoza v. I.N.S., 92 F.3d 1195 (9th Cir. 1996):
The INA provides that for a deportable alien, the Attorney General, in her discretion, may "suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence...." 8 U.S.C. 1254(a); see also INS v. Rios-Pineda, 471 U.S. 444, 445-46, 105 S.Ct. 2098, 2100, 85 L.Ed.2d 452 (1985). In order to qualify for the discretionary adjustment, an alien who is deportable based on a conviction for an aggravated felony or a narcotics violation must have "been physically present in the United States for a continuous period of not less than ten years immediately following the commission" of the offense. 8 U.S.C. 1254(a)(2) (refering to aliens deportable under 1251(a)(2), (3) and (4)); see also 8 U.S.C. 1251(a)(2)(A)(iii) and (B)(i). "Every alien who applies for adjustment of status under 8 U.S.C. 1255 bears the burden of proving that he meets the statutory requirements for eligibility." Rashtabadi v. INS, 23 F.3d 1562, 1567-68 (9th Cir.1994).
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