These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
asylee adjustment
The Fourth Circuit has determined that federal courts lack jurisdiction under the Administrative Procedure Act to review the denial of an asylee adjustment of status application under 8 U.S.C. § 1252(a)(2)(B)(ii).
The full text of Shaiban v. Jaddou can be found here:
Deferring to the agency’s decision in Matter of T-C-A-, the Fourth Circuit has determined that a non-citizen whose asylum status has been terminated cannot apply for adjustment of status as an asylee. “Since Cela’s asylum status had been terminated at the time he sought to adjust to lawful permanent resident status, he was not eligible for that adjustment.”
The full text of Cela v. Garland can be found here:
The Third Circuit has determined that a non-citizen who enters the US through the visa waiver program (VWP), receives asylum, and re-enters the country as an asylee at a later date, is no longer subject to the waiver of rights that attaches to a VWP entry. Thus, if the asylee is later convicted of an aggravated felony, the Department of Homeland Security must place him in removal proceedings, not re-open the asylum-only proceedings through which he was originally granted asylum, in order to terminate his asylum status and seeks his removal. In these removal proceedings, the asylee can apply for adjustment of status.
The full text of Kosh Ishmael v. Attorney General can be found here:
