Pending application seeking lawful immigration status does not alter alien’s current unlawful status and thereby permit alien to possess firearm

STATUTORY CONSTRUCTION United States v. Ochoa-Colchado, No. 07-4023, ___ F.3d ___ (10th Cir. Apr. 11, 2008)(Utah). Appeal of conviction for possession of firearm by alien unlawfully in United States in violation of 18 U.S.C. § 922(g)(5)(A). HELD: Filing of application for adjustment of unlawful immigration status to lawful status does not alter alien’s unlawful status during pendency of application. Therefore, despite defendant’s pending application for adjustment of immigration status and despite possession of valid temporary employment authorization document issued in connection with that application, defendant was still unlawfully present in United States for purposes of 18 U.S.C. § 922(g)(5)(A)’s prohibition against firearm possession by alien unlawfully in United States. Read the opinion here.