United States First Circuit

Petition for review of a motion to reopen is denied where plaintiff's application for adjustment of status and Immigration and Nationality Act former sec. 212(h) waiver of inadmissibility upon approval of his immediate relative visa petition was barred by the retroactive application of the Illegal Immigration Reform and Immigrant Responsibility Act, as Congress expressly provided that the Act's pertinent provisions applied retroactively, and the Board did the not err in denying plaintiff's request for nunc pro tunc relief.

Appellate Information

• Decided 06/04/2009
• Published 06/04/2009

Judges

• Before BOUDIN, JOHN R. GIBSON, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John E. MacDonald, Allan M. Tow, Larochelle & MacDonald, Inc., John R. Grasso and Law Office of John R. Grasso, Inc. on brief for petitioner.


• For Appellees:
  
• Shahrzad Baghai, Office of Immigration and Litigation, Department of Justice, Civil Division, Gregory G. Katsas, Assistant Attorney General, and Terri J. Scadron, Assistant Director, on brief for respondent.