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United States Eighth Circuit


NATIVI-GOMEZ v. ASHCROFT, 02-3356

Adjustment of status is discretionary relief, and petitioner has neither a constitutional right in such relief nor a right to due process in proceedings brought to obtain such relief, and the Board of Immigration Appeals did not abuse its discretion in dismissing a motion to reopen proceedings when the motion was based on claims of ineffective assistance of counsel.

Appellate Information

  • Decided 09/26/2003
  • Published 09/26/2003

Judges

  • BOWMAN, Circuit Judge., Before BOWMAN, MURPHY, and BYE, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Bart A. Chavez, argued, Omaha, NE, for appellant.

  • For Appellees:
  • Ernesto H. Molina, Jr., argued, Justice Department, Washington, DC, for appellee.
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