United States Second Circuit

Petition for review challenging denial of petitioners' application for adjustment of their status is dismissed as the court of appeals lacks jurisdiction to review: 1) any claim that an IJ or the BIA erred in weighing the factors relevant to the grant or denial of adjustment of status; and 2) a petitioner's claim that the BIA member responsible for an appeal erred in unilaterally affirming the IJ's underlying decision instead of referring the appeal to a three-member BIA panel.

Appellate Information

• Decided 05/30/2006
• Published 05/30/2006

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  WINTER, CABRANES and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark T. Kenmore, Buffalo, NY, for Petitioners.


• For Appellees:
  
• Stephan Baczynski, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney, James P. Kennedy, Assistant United States Attorney, on the brief), United States Attorney's Office for the Western District of New York, Buffalo, NY, for Respondents.