The LAC submitted the following amicus briefs where the BIA refused to reopen removal proceedings for an “arriving alien” whose adjustment of status application is pending before CIS. The LAC argues that the BIA’s decision violates the INA; the interim regulations regarding adjustment of status for arriving aliens, see 71 Fed. Reg. 27585 (May 12, 2006); and Board precedent.
| Wang v. Gonzales | 2nd Circuit | No. 05-2894-ag |
| Budrys v. Gonzales | 4th Circuit | No. 06-2187 |
| Rudolf v. United States Attorney General | 11th Circuit | No. 06-15971-E |
| Zia v. Gonzales | 9th Circuit | No. 06-74211 |
| Lamei et. al v. Gonzales | 11th Circuit | No. 06-14833-AA |
| Liu v. Gonzales | 1st Circuit | No. 07-1787 |
The LAC argued in these amicus letter briefs to USCIS that the agency has jurisdiction to adjust the status of an arriving alien parolee who is in removal proceedings or who is under a final order of removal, pursuant to interim regulations adopted May 12, 2006.
| Richard Z. | Seattle, WA | USCIS office |
| Siamak L. | Atlanta, GA | USCIS office |
| Gjystina P. | Detroit, MI | USCIS Office |
| Roody F. | Baltimore, MD | USCIS Office |
| Tabian B. | Springfield, MA | USCIS Office |
| Juan D. | Charleston, SC | USCIS Office |
| Jose A. | Brownsville, TX | USCIS Office |
The LAC’s amicus briefs challenged a regulation that barred all “arriving aliens” – which includes the majority of parolees – from adjusting status if they were in removal proceedings. This regulation was subsequently withdrawn due to this litigation. See 71 Fed. Reg.27585 (2006).
