Maksim Milutin Kalezic v. Immigration and Naturalization Service

SNEED, Circuit Judge:

Maksim Milutin Kalezic appeals from a deportation order on the grounds that the Immigration and Naturalization Service (INS) (1) erroneously failed to terminate proceedings against him as required by statute, and, (2) wrongfully denied him an adjustment of status as a permanent resident. We affirm the denial of an adjustment of status and conclude that Kalezic is not entitled to have his deportation proceeding terminated. We also hold that the INS did not abuse its discretion in denying voluntary departure.

I

FACTS

Petitioner, a citizen of Yugoslavia, was admitted to the…