Summary
discussing background of the statute
Summary of this case from Kenkhuis v. Immigration Naturalization ServiceOpinion
No. 00-15627.
Argued and Submitted November 6, 2001.
Filed November 20, 2001.
Ira J. Kurzban, Kurzban Kurzban Weinger Tetzeli, P.A., Miami, Florida, and Marc Van Der Hout, Van Der Hout Brigagliano, San Francisco, California, for the plaintiff-appellant.
John C. Cunningham, Senior Litigation Counsel, Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for the defendant-appellee.
Appeal from the United States District Court for the District of Hawaii; Susan Oki Mollway, District Judge, Presiding. D.C. No. CV-98-00943-SM.
Before: FERNANDEZ, RYMER, and WARDLAW, Circuit Judges.
We agree with and adopt the well reasoned opinion of the district court. R.L. Inv. Ltd. Partners v. INS, 86 F.Supp.2d 1014 (D.Haw. 2000).
R.L. Investment Limited Partners argues for the first time on appeal that the INS's new rules were impermissibly retroactive, that the Administrative Appeals Office's (AAO) addition of new grounds for affirming the regional director's denial of Wanxuan Zou's petition violates the due process clause, and that the AAO is not an independent adjudicatory body entitled to render rules in an adjudicatory proceeding. However, we decline to consider these arguments because they were not raised in the district court. See Bolker v. Comm'r of Internal Revenue, 760 F.2d 1039, 1042 (9th Cir. 1985).
AFFIRMED.