RELIEF - ADJUSTMENT OF STATUS - REMOVAL PROCEEDINGS - APPLICANT FOR ADJUSTMENT UNDER CHINESE STUDENT PROTECTION ACT CANNOT TRANSFER APPLICATION TO ALLOW ADJUSTMENT UNDER INA 245(i)
Matter of Wang, 23 I. & N. Dec. 924 (BIA May 25, 2006) (noncitizen whose adjustment application under the Chinese Student Protection Act was filed prior to the October 1, 1994 start of INA 245(i) application processing may not transfer the CSPA application into a INA 245(i) application). http://www.usdoj.gov/eoir/vll/intdec/vol23/3533.pdf
RELIEF - ADJUSTMENT OF STATUS - CHINESE STUDENT PROTECTION ACT - PERSON WHO ENTERED WITHOUT INSPECTION DISQUALIFIED FROM ADJUSTMENT UNDER CSPA
Matter of Wang, 23 I. & N. Dec. 924 (BIA May 25, 2006) (noncitizen who entered the United States without inspection is not eligible for adjustment of status under the Chinese Student Protection Act of 1992, Pub. L. No. 102-404, 106 Stat. 1969).
RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIEN - REGULATION PRECLUDING ADJUSTMENT FOR ARRIVING ALIENS HELD INVALID
Scheerer v. United States Atty Gen., 445 F.3d 1311 (11th Cir. Apr. 13, 2006) (8 C.F.R. 1245.1(c)(8), which prohibits petitioner from applying for change of status as an arriving alien in removal proceedings, is ultra vires to INA 245(a), and therefore invalid).
http://caselaw.lp.findlaw.com/data2/circs/11th/0416231p.pdf
ADJUSTMENT OF STATUS - VISA WAIVER PROGRAM
Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. Apr. 21, 2006) (Bar to review of denial of benefits for those who entered United States via Visa Waiver Program does not apply to noncitizen who has filed an adjustment of status application as an immediate relative).
http://caselaw.lp.findlaw.com/data2/circs/9th/0435797p.pdf
RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIEN - REGULATION PRECLUDING ADJUSTMENT FOR ARRIVING ALIENS IN REMOVAL PROCEEDINGS HELD INVALID
Momin v. Gonzales, 447 F.3d 447 (5th Cir. Apr. 25, 2005) (8 C.F.R. section 245.1(c)(8), which deems arriving aliens who are in removal proceedings ineligible to apply for adjustment of status to lawful permanent resident, is not ultra vires to INA 245).
http://caselaw.lp.findlaw.com/data2/circs/5th/0560119cv0p.pdf
ADJUSTMENT OF STATUS - CANNOT ADJUST TWICE ON SAME PETITION
Matter of Villareal-Zuniga, 23 I. & N. Dec. 886 (BIA 2006) (an application for adjustment of status cannot be based on an approved visa petition that has already been used by the beneficiary to obtain adjustment or admission as an immigrant).
http://www.usdoj.gov/eoir/vll/intdec/vol23/3527.pdf
RELIEF - ADJUSTMENT OF STATUS
Pede v. Gonzales, 442 F.3d 570 (7th Cir. Mar. 24, 2006) (immigration judge is not required to continue proceedings to allow the USICE to process an adjustment application where the respondent is clearly not statutorily eligible to adjust).
http://caselaw.lp.findlaw.com/data2/circs/7th/051897p.pdf
JUDICIAL REVIEW - NON-LPR CANCELLATION OF REMOVAL
Martinez v. U.S. Atty Gen., 446 F.3d 1219 (11th Cir. Apr. 21, 2006) (exceptional and extremely unusual hardship requirement for non-LPR cancellation of removal is a discretionary issue, and judicial review is therefore barred).
http://caselaw.lp.findlaw.com/data2/circs/11th/0416740p.pdf
RELIEF - CANCELLATION FOR NON-LPR - REQUIREMENT OF SHOWING ELIGIBILITY PRIOR TO SERVICE OF A NOTICE TO APPEAR APPLIES ONLY TO CONTINUOUS PRESENCE REQUIREMENT, NOT TO QUALIFYING RELATIVES, HARDSHIP, OR GOOD MORAL CHARACTER
Matter of Bautista-Gomez, 23 I. & N. Dec. 893 (BIA 2006) (8 C.F.R. 1003.23(b)(3) (2005), providing an applicant for cancellation of removal under INA 240A(b) must demonstrate statutory eligibility for that relief prior to the service of a notice to appear, applies only to the continuous physical presence requirement and has no bearing on the issues of qualifying relatives, hardship, or good moral character).