https://www.justice.gov/eoir/page/file/1476746/download
Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)
BIA HEADNOTE:
An applicant for adjustment of status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2018), must possess asylee status at the time of adjustment, and thus an applicant whose asylee status has been terminated cannot adjust to lawful permanent resident status under this provision.
PANEL:
WILSON and GOODWIN, Appellate Immigration Judges. Concurring and Dissenting Opinion: LIEBMANN, Temporary Appellate Immigration Judge.
OPINION BY: Judge Goodwin
CONCURRING & DISSENTING: Judge Liebmann
KEY QUOTE FROM JUDGE LIEBMANN’S SEPARATE OPINION:
Based on the unambiguous and controlling language “any alien granted asylum” in section 209(b) of the Act, I would hold that an asylee who has not previously adjusted to lawful permanent resident status pursuant to section 209(b) may apply for adjustment of status under that section even after termination of asylee status, provided that the noncitizen continues to be a refugee or the spouse or child of a refugee. A review of the overall context of section 209(b) of the Act, the governing regulations, and relevant case law supports this reading of the statute. I would therefore remand to permit the respondent to apply for adjustment of status pursuant to section 209(b). [Citation Omitted]
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Nice to see some common sense “scholarly pushback” to the Garland “Holdover” BIA’s ridiculously pro-DHS-tilted precedents. While Garland apparently isn’t paying any attention to what’s being done in his name, hopefully the Appellate Courts will pick up on Judge Liebmann’s cogent analysis.
🇺🇸 Due Process Forever!
PWS
02-26-22