Andrea Patricia Duvall, (Nee Andrea Patricia Phillips) v. Attorney General of the United States

FISHER, Circuit Judge.

We must decide in this case whether a litigation error by the Immigration and Naturalization Service, resulting in an adverse determination on the issue of alien-age during deportation proceedings, precludes the government from thereafter seeking to remove the alien based on subsequent criminal acts. We conclude that it does not.

I

A

Andrea Patricia Duvall is a native and citizen of Jamaica. She entered this country on a valid tourist visa in 1987, as a “visitor for pleasure.” She later married a United States citizen and applied for adjustment of status to lawful permanent…