United States First Circuit

A Chinese native's petition for review a BIA's denial of a motion to reopen to allow him to seek an adjustment of his immigration status is denied where: 1) the BIA acted well within its discretion in denying the motion; 2) there is no basis for a due process claim; and 3) petitioner's claim that the government is equitably estopped from removing him because it failed to remove him in 1998 is rejected, as well as his request that the court redraft the statutory and regulatory scheme.

Appellate Information

• Decided 05/26/2010
• Published 05/26/2010

Judges

• THOMPSON, Circuit Judge., Before LIPEZ, HOWARD, and THOMPSON, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Shen-Shin Lu and Law Offices of Shen-Shin Lu, on brief for petitioner.


• For Appellees:
  
• Tony West, Assistant Attorney General, Civil Division, United States Department of Justice, John S. Hogan, Senior Litigation Counsel, and Aimee J. Frederickson, Attorney, Office of Immigration Litigation, on brief for respondent.