DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
023969P.pdf 05/13/2004 Ibarra De Varela etc v. John Ashcroft
U.S. Court of Appeals Case No: 02-3969
Agency
Petition for review - Immigration. Record clearly showed the petitioner
was statutorily ineligible for an adjustment of status because an
immigrant visa was not immediately available to her at the time her
application was filed; INS was not equitably estopped from placing her in
removal proceedings, as her allegations that she was provided
misinformation do not rise to the actionable level of affirmative
misconduct required under Supreme Court precedent.
[PUBLISHED] [Riley, Author]