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.