United States Second Circuit

Petition for review challenging denial of petitioner's motion to reopen removal proceedings so that he could apply for a waiver of inadmissability under former section 212(c) of the INA, in conjunction with an application for adjustment of status under section 245(a) of the INA, is denied and dismissed in part as: 1) the BIA was correct in determining that petitioner is not eligible for a waiver of inadmissibility and was therefore not entitled to reopening pursuant to 8 C.F.R. section 1003.44; and 2) the circuit court lacked jurisdiction to review a decision not to sua sponte reopen petitioner's removal proceedings pursuant to 8 C.F.R. section 1003.2(a).

Appellate Information

• Decided 10/19/2007
• Published 10/19/2007

Judges

• PER CURIAM:, Before:  WALKER and CABRANES, Circuit Judges, and PAULEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew L. Guadagno (Kerry W. Bretz and Jules E. Coven, on the brief), Bretz & Coven, LLP, New York, NY, for Petitioner.


• For Appellees:
  
• Dione M. Enea, Special Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney, and Scott Dunn, Assistant United States Attorney, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Respondent.