United States Ninth Circuit

In a suit brought by non-citizen religious workers and their employers challenging a Justice Department regulation governing the process by which religious workers can apply for adjustment of status pursuant to 18 U.S.C. section 1255(a), judgment of the district court is affirmed where: 1) the regulation does not impose a substantial burden on plaintiffs' exercise of religion and therefore does not violate the Religious Freedom Restoration Act; 2) the regulation does not violate Equal Protection principles because it does not target any religious group, but rather, the regulation affects all members of the fourth-preference visa category who have been admitted on employment-based visas; and 3) there is no violation of plaintiffs' due process rights because the regulation does not bar religious workers from applying for adjustment of status.

Appellate Information

• Decided 10/05/2012
• Published 10/05/2012

Judges

Court

• United States Ninth Circuit

Counsel