Hong

Hong v. Immigration & Naturalization Service

Good Law
23 F. App'x 850
United States Court of Appeals for the Ninth CircuitJanuary 4, 2002No. 00-56745; D.C. No. CV-98-09469-GAFCalifornia439 words

Opinion

Lead Opinion

MEMORANDUM **

Appellants Ki Shik Hong and his son Jung Hee Hong sought an order in the *851 district court compelling the Immigration and Naturalization Service (INS) to grant Jung Hee’s application for adjustment of status. The district court granted the INS’s motion for summary judgment. We have jurisdiction of the appeal under 28 U.S.C. § 1291 and affirm.

On October 31, 1995, appellants filed applications for adjustment of their status to that of permanent residents; because he was under twenty-one years old at the time (he was eighteen), Jung Hee’s application was derivative of his father Ki Shik’s. 8 U.S.C. §§ 1153 (d), 1101(b)(1). On February 24, 1998, the INS granted Ki Shik’s application. On February 4, 1999, the INS denied Jung Hee’s application on the ground that he had become ineligible, having turned twenty-one (“aged out”) on February 10,1998.

Appellants contend that the INS acted arbitrarily and capriciously in failing to adjudicate their applications in chronological order or to expedite their adjudication. Under 8 U.S.C. § 1255 (a), “the status of an alien ... may be adjusted by the Attorney General, in his discretion and under such regulations as he may…

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