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appealregulationvisaliens
appealregulationliens

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Linares Huarcaya v. Mukasey

Facts

In 1994, Congress amended 8 U.S.C. 1255(i) to allow aliens who entered the United States without inspection and met certain specifications to adjust their status upon the payment of a penalty fee. Initially, to be eligible for adjustment under 1255(i), aliens were required to prove that they had a visa petition or labor certification filed on their behalf on or before January 14, 1998. In 2000, however, Congress temporarily extended that deadline to April 30, 2001. The United States Department of Justice promulgated regulations to govern who can be 'grandfathered' under 8 U.S.C. 1255(i). In this case, Huarcaya's first marriage was questioned for its legitimacy, which ultimately affected his eligibility for adjustment of status.

In 1994, Congress amended 8 U.S.C. 1255(i) to allow aliens who entered the United States without inspection and met certain specifications to adjust their status upon the payment of a penalty fee.

Issue

Whether the BIA's interpretation of 8 C.F.R. 1245.10(a)(3) is entitled to deference and whether the term 'meritorious in fact' is unconstitutionally vague.

Whether the BIA's construction of 8 U.S.C. 1255(i) is not entitled to deference.

Rule

Auer deference applies to an agency's interpretation of its own regulations, which are entitled to deference unless plainly erroneous or inconsistent with the regulation.

Auer deference applies to an agency's interpretation of its own regulations, which are entitled to deference unless plainly erroneous or inconsistent with the regulation.

Analysis

The court found that the BIA's interpretation of 'approvable when filed' requiring a bona fide marriage was a permissible interpretation of the requirements of 8 U.S.C. 1255(i). The BIA's interpretation was consistent with Congress's intent to require aliens petitioning for adjustment under marriage-based visas to prove legitimate marriages, and thus merited deference.

The court found that the BIA's interpretation of 'approvable when filed' requiring a bona fide marriage was a permissible interpretation of the requirements of 8 U.S.C. 1255(i).

Conclusion

The federal court of appeals affirmed the BIA's decision and denied review of the petition.

The federal court of appeals affirmed the BIA's decision and denied review of the petition.

Who won?

The Board of Immigration Appeals prevailed because the court found their interpretation of the regulation to be reasonable and consistent with statutory requirements.

The Board of Immigration Appeals prevailed because the court found their interpretation of the regulation to be reasonable and consistent with statutory requirements.

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