The Fifth Circuit has deferred to the Board of Immigration Appeals determination in Matter of Torres-Garcia and held that an applicant for adjustment of status who is subject to the so-called "permanent bar" in section 212(a)(9)(C) of the INA may not seek adjustment of status in conjunction with a nunc pro tunc Form I-212, Application to Reapply for Admission after Removal.  The court agreed that a person subject to the permanent bar must remain outside the United States for at least 10 years before filing an I-212.

The full text of Sanchez Zermeno v. Lynch can be found here: