LGLA 1305 - Legal Writing - Fact Pattern Legal Memo

Dear Law Associates,

Please use the following facts to do a legal memo detailing the likelihood of a positive outcome for our client, Cornelia Juarez.

Background facts: Cornelia Juarez, DOB Oct. 30, 1991 was born in Reynosa, Tamaulipas, Mexico and lived there all her life. She was single during her time in Reynosa. She first entered the US as a pedestrian with B1-B2 visa on or about Oct. 30, 2021 through the Hidalgo Port of Entry (HPOE). Juarez stayed in Edinburg, Texas with her cousin, Tamara Lechuga, until Nov. 1, 2021. As she was leaving Edinburg for Reynosa, she inadvertently misplaced her B1-B2 card. But because she was in a rush to get home, she did not discover the missing card until she reached Reynosa.

Legal entry: Juarez decided to visit Lechuga again on Dec. 23, 2021. Her plans were to enter the US on Dec. 24, 2021, the same way she had previously entered. On the appointed day, Juarez presented herself at HPOE. Juarez intended to tell the officer that she had lost B1-B2 card and how she wanted entry so that she could look for it in her cousin's home. When it was her turn, she presented herself to the Customs and Border Protection (CBP) officer. Just then, the CBP officer received a text message from his spouse regarding the signing of their divorce papers. Angry and distracted, the CBP officer waived Juarez in. Juarez never got to tell her story to the CBP officer.

Immigration petition: Once she arrived in Edinburg, she was introduced to Jose Anaya, a friend of Lechuga. Anaya was single, age 30, and a United States Citizen (USC). Almost immediately, Juarez and Anaya were lovestruck. Within 3 months of their meeting, they decided to marry. They married on April 1, 2021. Six months later, they consulted an immigration attorney that recommended that Anaya petition Juarez, and adjust her status as she was an immediate relative of a USC. This was in compliance of Immigration and Nationality Act (INA) 245(a) which allows an alien that legally enters the US, be petitioned by a USC and upgrade their status from visitor to Lawful Permanent Alien (LPR). The petition for adjustment of status was filed on Nov. 1, 2021. The immigration agency, United States Department of Homeland Security (DHS), denied her application on Oct. 1, 2022 on the basis that Juarez did not have proof of legal entry.

Task: Juarez has asked us to file an appeal on her behalf. She has until Dec. 1, 2022 to file her appeal. Before an appeal is filed, we need to know the strengths and weaknesses of her case. This is where a legal memo can help us asses the viability of a positive outcome.

Legal question: Does a person who presents herself at the POEwith no legal documentation, but is allowed in by CBPmeet the legal requirements of 245(a) and Quilantan?

Requirements: Please incorporate the facts of Quilantan to support your answer.