LexisNexis® Legal Newsroom
CA5 on Adjustment of Status, Chevron Deference: Dhuka v. Holder

"This petition for review challenges the Board of Immigration Appeals’ determination that the petitioners could not adjust their status because for more than 180 days, they had not been in “lawful status.” We conclude the BIA properly defined “lawful status” and reasonably...

CA5 on Asylee Adjustment/Termination, C-J-H-, Chevron: Ali v. Lynch

Ali v. Lynch, Feb. 22, 2016 - "When affirming IJ Greenstein’s assertion that Ali’s LPR status terminated his asylum status, and as a result, Ali’s deportation proceedings could commence without termination of his asylum status, the BIA relied on its precedential decision, C-J-H...

CA5 on Chevron, Adjustment, Admission and Proper NTA Charging: Marques v. Lynch

Marques v. Lynch, Aug. 19, 2016 - "We are urged to press on beyond the seemingly clear language of the statute into the ambiguity created by the overall operation of the INA. The possibility of venturing beyond the confines of Sections 1227(a)(1)(A) and 1182(a)(7)(A) causes us to recall comments...