Wu v. Holder, No. 12-1133 (1st Cir. 2013)
Annotate this CaseRemoval proceedings were initiated against Petitioner as an alien who entered the United States without inspection. Although he conceded removability, Petitioner indicated that he intended to use the proceeding to obtain adjustment of his immigration status. An immigration judge (IJ) denied Petitioner's application, concluding that Petitioner failed to meet his burden of showing that his application was timely filed. Petitioner appealed, arguing that the IJ erred by relying on the stamped date of his application rather than the original submission date and therefore in not adjusting his status. The board of immigration appeals (BIA) dismissed Petitioner's appeal, finding no clear error in the IJ's determination. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not err in its judgment.
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