Valencia v. Lynch

Petitioner, a citizen of Mexico, seeks adjustment of his immigration status under the “grandfathering” exception for beneficiaries of labor certification applications filed before April 30, 2001. Applying the Chevron framework, the court concluded that the statute at issue in this case, 8 U.S.C. 1255(i), is ambiguous because Congress did not speak to the question of whether that section applies to substitute beneficiaries of labor certifications. The court concluded that it was permissible for the Attorney General, pursuant to 8 C.F.R. 1245.10(j), to interpret the statute to preclude beneficiaries substituted after the sunset date from obtaining grandfathered status. Therefore, the court concluded that 8 C.F.R. 1245.10(j) is entitled to deference. Because the BIA properly denied petitioner's application for adjustment, the court denied the petition for review. View "Valencia v. Lynch" on Justia Law