Written Decision to Terminate Proceedings Due to Collateral Estoppel
In a written decision by Judge Gordon on December 15, 2016, removal proceedings were terminated in the case of an LPR husband and wife and their daughter based on collateral estoppel.
The Respondents adjusted status in 2006 to become Legal Permanent Residents. DHS issued an Notice to Appear over a decade later challenging the I-140 petition that was the basis for the adjustment.
The Judge found that collateral estoppel would bar the re-adjudication of the adjustment of status, noting that DHS had many avenues to such as an appeal or motion to reopen, but failed to pursue any of them in a timely manner.