Nap Sup Shim v. Immigration and Naturalization Service

87 F.3d 1322 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nap Sup SHIM, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70615. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1996. * Decided June 18, 1996. 1 Before: GOODWIN, HAWKINS, Circuit Judges, and WARE, ** District Judge. 2 MEMORANDUM *** 3 Nap Sup Shim ("Petitioner"), a native and citizen of Korea, appeals the modified decision of the Board of Immigration Appeals (the "BIA") finding that, pursuant to Section 245 of the Immigration and Nationality Act ("Act"), as amended, 8 U.S.C. § 1255 , he is ineligible for an adjustment of status because on the date of filing the application for adjustment of status he was in unlawful immigration status. 4 On September 19, 1983, Petitioner entered the United States as a nonimmigrant visitor for a temporary period not to exceed one year. While in the United States, Petitioner has pursued studies in theology and has attained the…