United States First Circuit

BIA's denial of a request by a citizen and national of the Dominican Republic for adjustment of status is affirmed as it was not plainly erroneous or inconsistent with the regulation for the BIA to find that petitioner had obtained all of the benefit due to him based on a 1992 petition, and that the petition was therefore extinguished and cannot now provide grandfathered status.

Appellate Information

• Decided 02/24/2010
• Published 02/24/2010

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ramon M. Gonzalez, for petitioner.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Civil Division, John S. Hogan, Senior Litigation Counsel and Regan Hildebrand, Attorney, Office of Immigration Litigation, United States Department of Justice, for respondent.