Lee v. Holder, No. 12-10 (2d Cir. 2012)Annotate this Case
Petitioner, a Malaysian citizen who has overstayed his immigrant visa in the United States, sought an adjustment of immigration status. Petitioner invoked the so-called "grandfathering" exception for beneficiaries of labor-certification applications filed by April 30, 2001 pursuant to 8 U.S.C. 1255(i)(1)(B)(ii). The Attorney General has interpreted that provision as applying only to beneficiaries actually listed on labor-certification applications as of April 30, 2001. The court held that 8 C.F.R. 245.10(j) and section 1245.10(j), in which the Attorney General set forth this interpretation, was entitled to Chevron deference. Accordingly, the IJ and BIA properly determined that petitioner was ineligible for a change of immigration status because he was not listed as a beneficiary on an application for labor certification until after April 30, 2001. The court denied the petition for review.