Alonso-Varona
Alonso-Varona v. Mukasey
Opinion
Lead Opinion
MEMORANDUM ***
Cesario Alonso-Varona (“Alonso-Varo-na”) petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA”) that upheld the Immigration Judge’s (“IJ’s”) ruling denying Alonso-Varona’s applications for adjustment of status under Section 245(i) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255 (i), and for cancellation of removal pursuant to INA Section 240A(b)(l), 8 U.S.C. § 1229b(b)(l). Alon-so-Varona contends that the IJ and the BIA failed properly to consider: (1) his eligibility to adjust status under the Child Status Protection Act (“CSPA”), see Pub.L. No. 107-208, 116 Stat. 927 (2002), (2) the effect of the government’s supposed failure to follow its own regulations, and (3) the weight that should have been given to his adjustment issues in deciding whether he had demonstrated hardship to a qualifying relative. He also argues that the BIA erred by issuing an opinion by a one-member (rather than a three-member) panel, and that he was denied a full and fair hearing because the Department of Homeland Security (“DHS”) abruptly changed its position regarding his eligibility to adjust status on the eve of the hearing.…