United States First Circuit

Petition for review of BIA decision denying adjustment of status is denied where: 1) petitioner did not exhaust claims of equitable tolling and estoppel; 2) adjustment of status is discretionary relief and not a protected interest for due process purposes; 3) the government did not waive arguments; and 4) order to reopen did not cure violation of voluntary removal order.

Appellate Information

• Decided 05/24/2006
• Published 05/24/2006

Judges

• HOWARD, Circuit Judge., Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jose A. Vazquez on brief for petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Anthony W. Norwood, Senior Litigation Counsel, and Terri J. Scadron, Assistant Director, Office of Immigration Litigation, Civil Division, on brief for respondent.