United States Second Circuit

A Malaysian citizen's petition for review of BIA's determination that petitioner is ineligible for a change of immigration status is denied where: 1) Congress has provided that beneficiaries of labor-certificate applications filed by April 30, 2001 may be eligible for an adjustment of immigration status notwithstanding their unlawful presence in the United States; 2) the Attorney General has interpreted that provision as applying only to beneficiaries actually listed on labor-certification applications as of April 30, 2001, and not to individuals who were later substituted as beneficiaries; and 3) the Attorney General's interpretation of section 1255(i)(1)(B)(ii) is entitled to Chevron deference.

Appellate Information

• Decided 12/03/2012
• Published 12/03/2012

Judges

• Cabranes

Court

• United States Second Circuit

Counsel