United States Third Circuit

An alien's petition for review of an order of removal is denied in part and dismissed in part where: 1) DHS was not collaterally estopped from raising issues in the removal proceeding that were not raised during prior adjustment-of-status proceedings, both because the adjustment proceeding is non-adversarial and because petitioner's fraudulent statements precluded any final adjudication on those issues; and 2) agency's discretionary determination that it would not grant a waiver for petitioner's prior criminal convictions or her failure to disclose previous applications for adjustment of status was based on unreviewable factual findings.

Appellate Information

• Decided 08/14/2008
• Published 08/14/2008

Judges

• Before:  FUENTES, ALDISERT and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven A. Morley, Esquire, Morley, Surin & Griffin, Philadelphia, PA, for Petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, Andrew C. Maclachlan, Esquire, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.