R.L. Investment Limited Partners, and Wanxuan Zou v. Immigration and Naturalization Service

273 F.3d 874, 2001 Daily Journal DAR 12197, 2001 Cal. Daily Op. Serv. 9784, 2001 U.S. App. LEXIS 24853

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 20, 2001
• Docket: 00-15627
• Status: Published

Opinion

RYMER, Circuit Judge:

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.