CA5 on AOS, 209(b): Siwe v. Holder

CA5 on AOS, 209(b): Siwe v. Holder

"We therefore grant Siwe’s petition on this issue and hold that an alien, like Siwe, whose asylum has been terminated, is not prohibited from applying for adjustment of status under Section 209(b). ... We therefore grant Siwe’s petition for review as to this issue and vacate the BIA’s decision ordering Siwe’s removal.  As we lack jurisdiction to consider Siwe’s request for relief under the CAT, his petition for review as to that issue is dismissed.  DISMISSED IN PART, and VACATED IN PART and REMANDED for further proceedings consistent with this opinion." - Siwe v. Holder, Feb. 6, 2014.  [Hats off to Michael E. Ward!]