Immigration — adjustment of status

By: WISCONSIN LAW JOURNAL STAFF//July 9, 2013//

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United States Court of Appeals For the Seventh Circuit

Civil

Immigration — adjustment of status

8 C.F.R. 245.1(i) is an unlawful regulation.

“The executive branch cannot decide, by rule or by decision, to abandon a duty that Congress has delegated to it. See INS v. Cardoza-Fonseca, 480 U.S. 421, 444-45, 449- 50 (1987) (holding invalid, under prong one of Chevron, a BIA interpretation that limited the Attorney General’s discretion in ways contrary to the will of Congress); see also Chevron, 467 U.S. at 843 n.9. Here, traditional tools of statutory construction indicate that Congress intended to give K-4s like Akram the opportunity to adjust status and join their parents in the United States. The regulation codified at 8 C.F.R. § 245.1(i), and the BIA decision applying it, both deny Akram that opportunity.”

Petition Granted.

12-3008 Akram v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Kanne, J.

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