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Keywords

precedentappealpleaparolevisa
precedentappealpleaparolevisa

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Quinchia v. U.S. Attorney Gen.

Facts

Quinchia entered the United States without inspection in 1992. In April 1997, his United States citizen wife filed an immediate relative visa petition and he concurrently filed an application for adjustment of status. In January 1998, he became a lawful permanent resident. In June 2002, Quinchia pleaded no contest to a charge of burglary of a structure in violation of F.S.A. 810.02(3) in Broward County, Florida. In January 2004, he returned to the United States after a brief trip abroad and sought admission as a lawful permanent resident at the Miami International Airport. Due to his conviction, he was paroled into the United States. The Department of Homeland Security served him with a Notice to Appear (NTA) in May 2004, charging him with removability based on his burglary conviction.

Quinchia entered the United States without inspection in 1992. In April 1997, his United States citizen wife filed an immediate relative visa petition and he concurrently filed an application for adjustment of status. In January 1998, he became a lawful permanent resident. In June 2002, Quinchia pleaded no contest to a charge of burglary of a structure in violation of F.S.A. 810.02(3) in Broward County, Florida. In January 2004, he returned to the United States after a brief trip abroad and sought admission as a lawful permanent resident at the Miami International Airport. Due to his conviction, he was paroled into the United States. The Department of Homeland Security served him with a Notice to Appear (NTA) in May 2004, charging him with removability based on his burglary conviction.

Issue

The threshold issue was whether Chevron deference applied to the BIA's single-member decision interpreting and applying 212(h) to the alien's appeal.

The threshold issue was whether Chevron deference applied to the BIA's single-member decision interpreting and applying 212(h) to the alien's appeal.

Rule

Chevron deference is not appropriate to a non-precedential decision issued by a single member of the BIA that does not rely on existing BIA or federal court precedent.

Chevron deference is not appropriate to a non-precedential decision issued by a single member of the BIA that does not rely on existing BIA or federal court precedent.

Analysis

The court joined the Second and Ninth Circuits in holding that Chevron deference is not appropriate in such circumstances. The single member of the BIA did not rely on any existing BIA or federal court precedent to decide whether an application for adjustment of status began the period of lawful residence. The court found the reasoning of the United States Court of Appeals in the Rotimi decision to be persuasive.

The court joined the Second and Ninth Circuits in holding that Chevron deference is not appropriate in such circumstances. The single member of the BIA did not rely on any existing BIA or federal court precedent to decide whether an application for adjustment of status began the period of lawful residence. The court found the reasoning of the United States Court of Appeals in the Rotimi decision to be persuasive.

Conclusion

The petition was granted. The BIA's decision was vacated, and the case was remanded for further proceedings consistent with the present opinion.

The petition was granted. The BIA's decision was vacated, and the case was remanded for further proceedings consistent with the present opinion.

Who won?

The petitioner, Quinchia, prevailed because the court found that the BIA's non-precedential decision did not merit Chevron deference and required a precedential interpretation.

The petitioner, Quinchia, prevailed because the court found that the BIA's non-precedential decision did not merit Chevron deference and required a precedential interpretation.

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