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attorneymotionregulationparoleliens
attorneymotionregulationparoleliens

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Vakker v. AG

Facts

The alien initially arrived in the United States after being granted 'parole' status. In the course of removal proceedings, the alien requested that the IJ permit him to renew a previously denied application for adjustment of status. The IJ denied petitioner's request because, it concluded, then-applicable regulations precluded all paroled aliens from seeking adjustment of status, 8 C.F.R. 1245.1(c)(8). The BIA's opinion recognized that the court's intervening decision invalidated the prior 8 C.F.R. 1245.1(c)(8), insofar as it had categorically rendered all 'paroled' aliens ineligible to apply for adjustment of status. However, the alien was nevertheless ineligible to have his request to renew his adjustment of status application reconsidered in the course of his removal proceedings because he did not meet the renewal requirements under 8 C.F.R. 1245.2(a).

The alien initially arrived in the United States after being granted 'parole' status. In the course of removal proceedings, the alien requested that the IJ permit him to renew a previously denied application for adjustment of status. The IJ denied petitioner's request because, it concluded, then-applicable regulations precluded all paroled aliens from seeking adjustment of status, 8 C.F.R. 1245.1(c)(8). The BIA's opinion recognized that the court's intervening decision invalidated the prior 8 C.F.R. 1245.1(c)(8), insofar as it had categorically rendered all 'paroled' aliens ineligible to apply for adjustment of status. However, the alien was nevertheless ineligible to have his request to renew his adjustment of status application reconsidered in the course of his removal proceedings because he did not meet the renewal requirements under 8 C.F.R. 1245.2(a).

Issue

Whether the BIA erred in denying the alien's motion to remand for reconsideration of his adjustment of status application.

Whether the BIA erred in denying the alien's motion to remand for reconsideration of his adjustment of status application.

Rule

The BIA ruled that the alien was ineligible to renew his adjustment of status application 'because he [did] not meet the renewal requirements under 8 C.F.R. 1245.2(a)'.

The BIA ruled that the alien was ineligible to renew his adjustment of status application 'because he [did] not meet the renewal requirements under 8 C.F.R. 1245.2(a)'.

Analysis

The court analyzed the BIA's decision and determined that the BIA properly denied the motion to remand. The BIA acknowledged the intervening decision in Zheng v. Gonzales, which invalidated the prior regulation that categorically rendered all 'paroled' aliens ineligible to apply for adjustment of status. However, the BIA concluded that the alien did not meet the specific renewal requirements outlined in 8 C.F.R. 1245.2(a), which were applicable to his case.

The court analyzed the BIA's decision and determined that the BIA properly denied the motion to remand. The BIA acknowledged the intervening decision in Zheng v. Gonzales, which invalidated the prior regulation that categorically rendered all 'paroled' aliens ineligible to apply for adjustment of status. However, the BIA concluded that the alien did not meet the specific renewal requirements outlined in 8 C.F.R. 1245.2(a), which were applicable to his case.

Conclusion

The appellate court denied the alien's petition for review, affirming the BIA's decision.

The appellate court denied the alien's petition for review, affirming the BIA's decision.

Who won?

The United States Attorney General prevailed in the case because the court upheld the BIA's decision that the alien did not meet the necessary requirements to renew his adjustment of status application.

The United States Attorney General prevailed in the case because the court upheld the BIA's decision that the alien did not meet the necessary requirements to renew his adjustment of status application.

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