United States First Circuit

Petition for review of an order denying adjustment of status is denied where: 1) the Board of Immigration Appeals' decision did not violate petitioner's due process rights as adjustment of status is not a cognizable liberty or property interest for purposes of due process because it is a discretionary form of relief; 2) petitioner was not entitled to have the Board remand to the IJ to reach a conclusion about whether the In re Magana exception for limited situations where not recognizing a marriage would cause gross miscarriage of justice applied; and 3) the Board's ruling as to plaintiff's second adjustment of status petition was supported by substantial evidence and thus could not serve as the basis for adjustment of status.

Appellate Information

• Decided 07/21/2009
• Published 07/21/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, SELYA and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Susanna L. Shafer, Law Office of Susanna L. Shafer, Daniel F. Cashman, and Cashman & Lovely, P.C., on brief for petitioner.


• For Appellees:
  
• Edward C. Durant, Attorney, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, Civil Division, and Blair T. O'Connor, Assistant Director, Office of Immigration Litigation, on brief for respondent.