Petition for review of an order denying adjustment of status is denied where: 1) the Board of Immigration Appeals’ decision did not violate petitioner’s due process rights as adjustment of status is not a cognizable liberty or property interest for purposes of due process because it is a discretionary form of relief; 2) petitioner was not entitled to have the Board remand to the IJ to reach a conclusion about whether the In re Magana exception for limited situations where not recognizing a marriage would cause gross miscarriage of justice applied; and 3) the Board’s ruling as to plaintiff’s second adjustment of status petition was supported by substantial evidence and thus could not serve as the basis for adjustment of status.
Read McCreath v. Holder, No. 08-2276
Appellate InformationPetition for Review of an Order of the Board of Immigration AppealsDecided July 21, 2009
JudgesBefore Lynch, Chief Judge, Selya and Boudin, Circuit Judges.Opinion by Lynch, Chief Judge.
CounselFor Petitioner: Susanna L. Shafer, Law Office of Susanna L Shafer,Daniel F. Cashman, Cashman & Lovely, P.C.
For Respondent: Edward C. Durant, Michael F. Hertz, Blair T. O’Connor, Office of Immigration Litigation.
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