Chettiar, et al. v. Holder, Jr., No. 08-70035 (9th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of India, petitioned for review of the BIA's determination that the Citizenship and Immigration Service (CIS) properly terminated petitioner's lawful permanent resident status and dismissed his appeal. At issue was whether the CIS lost jurisdiction of a petition to remove conditions placed on residence if it did not adjudicate the petition within 90 days, as required by 8 U.S.C. 1186a(c)(3)(A). The court held that the BIA was correct to conclude that the 90 day deadline did not start "running after the first scheduled interview" because this interview "was not intended by CIS to be the final interview." The court also held that it lacked jurisdiction to consider petitioner's due process argument. Accordingly, the petition was denied in part and dismissed in part.
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