Monday, May 28th, 2018

CA5 on Adjustment of Status, Chevron Deference: Dhuka v. Holder

"This petition for review challenges the Board of Immigration Appeals’ determination that the petitioners could not adjust their status because for more than 180 days, they had not been in “lawful status.” We conclude the BIA properly defined “lawful status” and reasonably determined the petitioners had failed to maintain theirs. The petition is DENIED. … We conclude that a non-precedential opinion of the BIA does not, due to the terms of the regulation itself, bind third parties and is not entitled to Chevron deference." – Dhuka v. Holder, May 3, 2013.