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Keywords

jurisdictionhearingvisaadmissibility
jurisdictionhearingvisaadmissibility

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Ling Yang v. Mukasey

Facts

Yang was admitted to the United States on May 23, 1996 on a nonimmigrant visa. She was later served with a notice to appear for immigration proceedings charging her with removability under INA 237(a)(1)(B), 8 U.S.C. 1227(a)(1)(B) as an alien who remained in the United States for a time longer than permitted. Yang conceded at her removal hearing that she was removable as charged. Moreover, the IJ found that Yang was inadmissible under INA 212(a)(2)(A)(i)(I), 8 U.S.C. 1182(a)(2)(A)(i)(I) for having committed a crime involving moral turpitude and INA 212(a)(2)(D)(ii), 8 U.S.C. 1182(a)(2)(D)(ii) for having committed a crime involving prostitution. Yang applied for a waiver of inadmissibility under INA 212(h), 8 U.S.C. 1182(h), and adjustment of status under INA 245, 8 U.S.C. 1255.

Yang was admitted to the United States on May 23, 1996 on a nonimmigrant visa. She was later served with a notice to appear for immigration proceedings charging her with removability under INA 237(a)(1)(B), 8 U.S.C. 1227(a)(1)(B) as an alien who remained in the United States for a time longer than permitted. Yang conceded at her removal hearing that she was removable as charged. Moreover, the IJ found that Yang was inadmissible under INA 212(a)(2)(A)(i)(I), 8 U.S.C. 1182(a)(2)(A)(i)(I) for having committed a crime involving moral turpitude and INA 212(a)(2)(D)(ii), 8 U.S.C. 1182(a)(2)(D)(ii) for having committed a crime involving prostitution. Yang applied for a waiver of inadmissibility under INA 212(h), 8 U.S.C. 1182(h), and adjustment of status under INA 245, 8 U.S.C. 1255.

Issue

Whether the court has jurisdiction to review the IJ's discretionary denial of Yang's application for adjustment of status.

Whether the court has jurisdiction to review the IJ's discretionary denial of Yang's application for adjustment of status.

Rule

The court lacks jurisdiction to review discretionary denials of adjustment of status applications when the IJ provides independent reasons for the denial that are affirmed by the BIA.

The court lacks jurisdiction to review discretionary denials of adjustment of status applications when the IJ provides independent reasons for the denial that are affirmed by the BIA.

Analysis

The IJ denied Yang's application for adjustment of status based both on his determination that Yang was statutorily ineligible for such relief and his determination that Yang did not merit a favorable exercise of discretion. The court noted that it retains jurisdiction over denials of adjustment of status applications even when the denial is based in part on a matter of discretion, but in this case, the IJ provided several independent reasons for denying Yang's application, including criminal conduct for which she was not convicted, and the BIA affirmed this conclusion as a proper balancing of the favorable and unfavorable factors of record.

The IJ denied Yang's application for adjustment of status based both on his determination that Yang was statutorily ineligible for such relief and his determination that Yang did not merit a favorable exercise of discretion. The court noted that it retains jurisdiction over denials of adjustment of status applications even when the denial is based in part on a matter of discretion, but in this case, the IJ provided several independent reasons for denying Yang's application, including criminal conduct for which she was not convicted, and the BIA affirmed this conclusion as a proper balancing of the favorable and unfavorable factors of record.

Conclusion

The petition for review as to the denial of adjustment of status was dismissed. The remainder of Yang's petition was denied as moot.

The petition for review as to the denial of adjustment of status was dismissed. The remainder of Yang's petition was denied as moot.

Who won?

The government prevailed in the case because the court found it lacked jurisdiction to review the discretionary denial of Yang's application for adjustment of status.

The government prevailed in the case because the court found it lacked jurisdiction to review the discretionary denial of Yang's application for adjustment of status.

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