United States Ninth Circuit

Petition for review of a BIA order denying Mexican native's special motion to reopen so that he could apply for a waiver of inadmissibility is denied where: 1) the provisions of 8 C.F.R. section 1003.44(k)(2) are constitutional and were not improperly applied to petitioner; and 2) the BIA did not err when it refused to allow a collateral attack on a prior proceeding.

Appellate Information

• Decided 12/03/2007
• Published 12/03/2007

Judges

• FERNANDEZ, Circuit Judge:, Before:  FERDINAND F. FERNANDEZ and KIM McLANE WARDLAW, Circuit Judges, and RANER C. COLLINS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carlos Vellanoweth, John Wolfgang Gehart, Elena Yampolsky, and Russell Marco Jauregui, Vellanoweth & Gehart, LLP, Los Angeles, CA, for the petitioner.


• For Appellees:
  
• Edward J. Duffy, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondent.