United States First Circuit

Denial of motion to reopen or remand removal proceedings to allow an application for adjustment of status is affirmed where the alien was not eligible to adjust his status due to his previous submission of a frivolous asylum application, and the court lacks jurisdiction to review the frivolous asylum application issue because it was not raised in the motion to reopen.

Appellate Information

• Decided 07/07/2006
• Published 07/07/2006

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph M. Carreiro, Jr., Law Offices of George P. Katasarakes, P.C., Stephanie F. Dyson, and Dyson Law P.C. on brief for appellant.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Terri J. Scadron, Assistant Director, and Manuel A. Palau, Special Attorney, U.S. Dept. of Justice, on brief for appellee.