In 2005, the Tenth Circuit issued Padilla-Caldera v. Gonzales (Padilla-Caldera I), in which it determined that a non-citizen who was inadmissible under section 212(a)(9)(C)(i)(I) of the INA (re-entering or attempting to re-enter the United States without admission after accruing at least one year of unlawful presence) could seek adjustment of status under section 245(i) of the INA.  In 2007, the Board of Immigration Appeals disagreed with this conclusion in Matter of Briones, and in 2011, the Tenth Circuit deferred to the Briones decision in Padilla-Caldera II.  In the instant decision, the Tenth Circuit addressed the situation of an applicant who filed for adjustment of status after the decision in Padilla-Caldera I and before the decision in Briones.  The court found that the applicant has reasonably relied on the decision in Padilla-Caldera I, as such Briones did not apply retroactively to him. 

The full text of De Niz Robles v. Lynch can be found here: