United States Eleventh Circuit

Petitions for review of denials of motion to reopen removal proceedings and motion to reconsider are denied over claims that: 1) an amendment to the governing regulation, similar to a regulation previously declared invalid, bars virtually all paroled aliens from applying for adjustment of status, and thus is contrary to the intent of section 245(a) of the Immigration and Nationality Act; 2) it was error to apply the regulation to this case; and 3) the BIA abused its discretion in denying the motions.

Appellate Information

• Decided 01/15/2008
• Published 01/15/2008

Judges

• WILSON, Circuit Judge:, Before TJOFLAT, HULL and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Robert Scott Oswald, Adam Augustine Carter, The Employment Law Group, P.C., Washington, DC, for Scheerer., Mary A. Kenney, Am. Imm. Law Found., Washington, DC, for Amicus Curiae.


• For Appellees:
  
• Russell J.E. Verby, David V. Bernal, U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.