United States Second Circuit

A Jamaican citizen's petition for review of a BIA's removal order is denied where: 1) adjustment of status as under in 8 U.S.C. section 1256(a) describes the process whereby the Attorney General grants aliens physically present in the U.S. lawful permanent resident status, it does not reference consular processing by which the Department of State grants immigrant visas to aliens outside the U.S., allowing those aliens to enter the U.S. as lawful permanent residents; 2) the five-year limitations period that section 1256(a) places on the Attorney General's authority to rescind grants of adjustment of status applies only to rescission proceedings that restore the alien to his immigration status before adjustment, and not to proceedings that seek the alien's removal; and 3) because petitioner fraudulently secured permanent resident status through processing rather than adjustment of status and because he challenges an order of removal rather than rescission, the limitations period of section 1256(a) does not apply.

Appellate Information

• Decided 08/15/2012
• Published 08/15/2012

Judges

• Raggi

Court

• United States Second Circuit

Counsel