DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
023356P.pdf 09/26/2003 F. Nativi-Gomez v. John Ashcroft
U.S. Court of Appeals Case No: 02-3356
Agency
Petition for review - Immigration. Adjustment of status is
discretionary relief, and the petitioner does not have a constitutional
right in such relief; as a result, petitioner does not have a right to due
process in the proceedings brought to obtain such relief and the BIA
did not abuse its discretion in dismissing a motion to reopen the
proceedings when the motion was based on a claims of ineffective
assistance of counsel.