Judge Reena Raggi
Petitioners, Ecuador natives, sought review of an order of the Board of Immigration Appeals finding them ineligible for adjustment of status due to petitioner Shunaula’s inadmissibility under §212(a)(6)(C)(i) of the Immigration and Nationality Act United. In 1997, Shunaula attempted to enter the United States via Miami on a tourist visa. Officers of the then-existing INS searched him and found a counterfeit green card and social security card in his wallet. He admitted knowing these documents were counterfeit and disclosed ordering them by mail in Ecuador. He was returned to Ecuador the following day but, four months later, entered the United States illegally and has remained here ever since. Shunaula now submitted that the agency erred in finding him ineligible for adjustment of status based on the earlier 1997 order of removal because that order was entered in violation of due process. The Second Circuit dismissed the petitions, concluding that §1252(a)(2)(A) of the Immigration and Nationality Act deprives the court of jurisdiction to hear Shunaula’s collateral attack on his order of expedited removal and, therefore, to hear the derivative claims of his wife and son.
