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Keywords

statutemotionregulationparoledue processasylumliens
motionregulationparoleasylumliens

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Scheerer v. United States AG

Facts

Germar Scheerer, a native and citizen of Germany, fled to the United States in 1995 after being convicted of inciting racial hatred. He entered the U.S. as a conditional parolee in 2000 and subsequently filed for asylum, which was denied. After being removed from the U.S., he sought to reopen his removal proceedings to apply for an adjustment of status based on his marriage to a U.S. citizen. The BIA denied his motions, citing the amended regulation that required adjustment applications to be filed with USCIS.

Germar Scheerer, a native and citizen of Germany, fled to the United States in 1995 after being convicted of inciting racial hatred. He entered the U.S. as a conditional parolee in 2000 and subsequently filed for asylum, which was denied. After being removed from the U.S., he sought to reopen his removal proceedings to apply for an adjustment of status based on his marriage to a U.S. citizen.

Issue

Whether the amended regulation 8 C.F.R. 1245.2(a)(1) is valid and whether the BIA abused its discretion in denying Scheerer's motions to reopen and reconsider.

Whether the amended regulation 8 C.F.R. 1245.2(a)(1) is valid and whether the BIA abused its discretion in denying Scheerer's motions to reopen and reconsider.

Rule

The court applied the Chevron two-step inquiry to determine the validity of the amended regulation, concluding that it does not alter eligibility standards but rather delineates the forum for adjudicating applications.

The court applied the Chevron two-step inquiry to determine the validity of the amended regulation, concluding that it does not alter eligibility standards but rather delineates the forum for adjudicating applications.

Analysis

The court found that the amended regulation does not bar arriving aliens in removal proceedings from seeking adjustment of status but instead requires them to file with USCIS. The court determined that the regulation was a permissible construction of the statute and did not violate due process as it did not impair any rights or operate retroactively.

The court found that the amended regulation does not bar arriving aliens in removal proceedings from seeking adjustment of status but instead requires them to file with USCIS.

Conclusion

The court denied the petitions for review, affirming the BIA's decision to deny Scheerer's motions based on the valid amended regulation.

The court denied the petitions for review, affirming the BIA's decision to deny Scheerer's motions based on the valid amended regulation.

Who won?

The United States Government prevailed in the case as the court upheld the BIA's decision and the validity of the amended regulation.

The United States Government prevailed in the case as the court upheld the BIA's decision and the validity of the amended regulation.

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