Rotimi v. Holder, 577 F.3d 133 (2d Cir. Aug. 14, 2009) (per curiam) (the phrase "lawfully resided continuously" used in INA 212(h), 8 U.S.C. 1182(h), is ambiguous, and the BIA's interpretation is reasonable, so the court of appeals grants Chevron deference to its conclusion that respondent "did not lawfully reside in the United States during those periods in which he was an applicant for asylum or for adjustment of status and lacked any other basis for claiming lawful residence."), affirming In re Rotimi, 24 I. & N. Dec. 568, 574 (BIA 2008) ("The lawfulness of an alien's residence stems from the grant of a specific privilege to stay in this country, not the mere fact that he or she is an applicant for such a privilege.").
jurisdiction:
Second Circuit