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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]