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In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld a grant of adjustment of status under INA 245(i). The Board held that a noncitizens who are subject to the unlawful presence bars in INA 212(a)(9)(B) are only inadmissible during the three- or ten-year period, even if they illegally re-entered the country prior to the expiration of the three- or ten-year period. The decision was written by Member Linda Wendtland and joined by Member Anne Greer and Member Roger Pauley.