Norma Sy Obitz v. District Director of the Immigration and Naturalization Service

Norma Sy Obitz seeks review of the denial of her motion to reopen deportation proceedings to allow her to apply for adjustment of status to that of permanent resident alien. Obitz had filed a previous motion to reopen, which was denied by the Board of Immigration Appeals. Obitz now alleges changed circumstances because a visa petition filed on her behalf by her United States citizen spouse has been approved by the Immigration and Naturalization Service (Service).

Obitz’s petition to reopen her deportation hearings establishes her statutory eligibility for relief under section 245 of the Immigration and Naturalization Act, 8 U.S.C. § 1255 (1976). She asserts that the altered circumstances which established her statutory eligibility under section 245 require that the Service reopen deportation proceedings under the authority of Urbano de Malaluan v. INS, 577 F.2d 589 (9th Cir. 1978). We hold to the contrary. Therefore, we dismiss the petition for review.

I.

FACTS

Obitz, a Philippine citizen, entered the United States in 1970. Obitz conceded in deportation proceedings in 1971 that she was subject to deportation. In February 1977 Obitz was under a final order to depart the United…