Opinion of the Court — Marroquin v. Immigration & Naturalization Services

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Type: Opinion of the Court
Filed: Aug. 5, 2002
Case: Marroquin v. Immigration & Naturalization Services
Case status: Decided

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MEMORANDUM * Sara Petra Martinez De Marroquin (“Marroquin”) seeks review of her final order of deportation issued by the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s decision denying her motion to reopen and dismissing her appeal. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), as modified by the transitional rules for judicial review contained in § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). We deny the petition for review. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our decision. On appeal, Marroquin argues that, following her deportation order, a paralegal at “One Stop Immigration” advised her to file an adjustment of status application with the INS. This advice was incorrect, however, as once an alien has been placed in deportation proceedings, such motions can only be pursued in the immigration court. See 8 C.F.R. § 245.2 (a)(1). Accordingly, Marroquin should have sought to adjust her status through the immigration court by means of a motion to reopen. This error was compounded by the fact that …

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