Vallabhbhai Kanji Patel, and Ramanlal Maganlal Naik v. Immigration & Naturalization Service

Vallabhbhai Kanji Patel and Ramanlal Maganlal Naik (the petitioners) seek review of a decision of the Board of Immigration Appeals (BIA) denying their petition for adjustment of status. We deny the petition for review.

I.

FACTS

The petitioners, citizens of Great Britain, entered this country on January 11, 1976. They formed a corporation, Hotel Sombrero, Inc., through which they invested a substantial amount of money in a hotel in Las Vegas, Nevada. Relying on this investment, they filed an application with the INS on April 23, 1976, for adjustment of status to permanent residents as nonpreference investors. On June 6, 1976, the petitioners returned to Zambia, their former residence.

The INS scheduled interviews on the adjustment of status applications in August 1977. Because the petitioners were out of the country at that time, the INS classified the application as abandoned, see 8 C.F.R. § 245.2 (a)(3) (1986). Although an internal INS Operating Instruction requires that the INS notify applicants of such an action, see INS 0.1. 245.6c(2), the INS failed to give the petitioners formal notice.

The petitioners returned to this country on January 5, 1983. After they had…