CA9 on Adoption, Chevron, Due Process: Amponsah v. Holder

CA9 on Adoption, Chevron, Due Process: Amponsah v. Holder

"We hold that the BIA’s blanket rule against recognizing nunc pro tunc adoption decrees constitutes an impermissible construction of § 1101(b)(1) and that case-by-case consideration of nunc pro tunc adoption decrees is required.   Accordingly, we grant the petition and remand for further proceedings. ... We conclude that neither of the bases the BIA gave for pretermitting Apori’s adjustment of status application can be sustained. The BIA’s determination that Apori does not meet the statutory definition of child was based on a blanket rule against the recognition of nunc pro tunc adoption decrees that constitutes an impermissible construction of the statute. The BIA’s determination that Apori is ineligible for relief on account of marriage fraud overlooked the due process requirements recognized in our case law. We therefore grant the petition for review and remand to the BIA for further proceedings." - Amponsah v. Holder, Mar. 22, 2013.

[Hats off to Seattle superstar Carol L. Edward!]