Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)

Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)

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.

CONCURRING AND DISSENTING OPINION:

Beth S. Liebmann, Temporary Appellate Immigration Judge

I respectfully dissent only from the majority’s conclusion that the termination of the respondent’s asylee status bars him from applying for adjustment of status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2018). I disagree with the majority’s finding that section 209(b) of the Act is ambiguous regarding whether a noncitizen becomes ineligible for adjustment of status under that section after the noncitizen’s asylee status has been terminated. On the contrary, I find that the controlling statutory language unambiguously establishes that an asylee who has not previously adjusted to lawful permanent resident status may pursue adjustment of status under section 209(b) of the Act, even if the noncitizen’s asylee status has been terminated.