dissenting.
I respectfully dissent. I would apply the law of the Ninth Circuit in determining whether the service of process upon Luz Llapa-Sinchi, which occurred in Arizona, was valid and proper. Under Ninth Circuit law, the service of process upon her alone when she was fourteen years old would be invalid, and she would be eligible for suspension of deportation. See Flores-Chavez v. Ashcroft, 362 F.3d 1150, 1157-63 (9th Cir.2004) (concluding service of process upon a fifteen year old was invalid because of a conflict between two immigration regulations, and to avoid serious due process concerns).
We generally disfavor adopting rules which create an incentive for parties to *902engage in forum shopping. E.g., Eggleton v. Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft, MBH, 495 F.3d 582, 589 (8th Cir.2007); Bldg. Erection Servs., Inc. v. JLG, Inc., 376 F.3d 800, 805 (8th Cir.2004); Rajala v. Donnelly Meiners Jordan Kline, P.C., 193 F.3d 925, 928 (8th Cir.1999); see also Singh v. Gonzales, 495 F.3d 553, 558 (8th Cir.2007) (referring to an alien’s effort to engage in forum shopping as a reason supporting an immigration judge’s adverse credibility determination).
Llapa-Sinchi argues the rule adopted by the Court — which applies our circuit’s law to a transferred immigration proceeding which commenced with service of process in the Ninth Circuit — will encourage forum shopping. I agree. Immigrants properly served with a notice to appear within the exterior boundaries of the Eighth Circuit can transfer their cases to the Ninth Circuit, and thereafter challenge the validity of service. Likewise, the government can effectively “fix” invalid service which occurs within the boundaries of the Ninth Circuit by transferring an immigrant’s case to another circuit which recognizes the service as valid.
For the limited purpose of determining the validity of service, I believe the law of the circuit where service is accomplished should govern. Any other rule encourages and facilitates forum shopping by both parties. I therefore respectfully dissent.