United States First Circuit

Where petitioner's request for adjustment of status pursuant to Immigration and Nationality Act section 245(a) was denied, in part because he failed to establish that he merited an exercise of discretion in his favor, any error in canceling upcoming hearing without letting him file for a waiver of excludibility pursuant to section 212(h)(1)(B), was harmless.

Appellate Information

• Decided 04/05/2002
• Published 04/05/2002

Judges

• CYR, Senior Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CYR, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Linda A. Cristello, with whom Allan M. Tow was on brief for appellant.


• For Appellees:
  
• Mary Jane Candaux, Attorney, Office of Immigration Litigation, with whom Robert D. McCallum, Jr., Assistant Attorney General and David V. Bernal, Assistant Director, were on brief for appellees.