United States First Circuit

Petition for review of an order denying plaintiffs' applications for adjustment of status is denied where: 1) substantial evidence supports the Board of Immigration Appeals' determination that plaintiffs did not meet the requirements for grandfathering under the Immigration and Nationality Act and were thus ineligible for adjustment of status; and 2) the refusal to consider a letter plaintiffs submitted in support of their grandfathering argument did not constitute a due process violation.

Appellate Information

• Decided 05/19/2009
• Published 05/19/2009

Judges

• HOWARD, Circuit Judge., Before BOUDIN, FARRIS, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Elizabeth A. Smith and The Law Offices of Elizabeth A. Smith on brief for petitioner.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Civil Division, William C. Peachey, Assistant Director, Office of Immigration Litigation and Ada E. Bosque, Office of Immigration Litigation, United States Department of Justice, on brief for respondent.