United States Fourth Circuit

Israeli couple's petition for review of a decision by the BIA pretermitting consideration of their applications for adjustment of immigration status under section 245(i) of the INA is denied as, confronted with the question of whether section 1255(i) applies to grandfather the substituted beneficiaries of labor certifications, the Attorney General reasonably determined that only beneficiaries substituted before April 30, 2001, the date selected by Congress, may be eligible to apply for adjustment of status under section 1255(i), and therefore, 8 C.F.R. section 1245.10(j) is a valid exercise of the Attorney General's rulemaking authority.

Appellate Information

• Argued 05/12/2010
• Decided 06/30/2010
• Published 06/30/2010

Judges

• KEENAN

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Ronald Darwin Richey, Russell John Verby