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." A non-precedential opinion of the BIA does not, due to the terms of the regulation itself, bind third parties and is not entitled to Chevron deference; however, the BIA properly defined "lawful status" and reasonably determined the petitioners had failed to maintain theirs. The petition is denied. 5th U.S. Circuit Court of Appeals, No. 12-60169, 05-03-2013.
Dhuka v. Holder
May 15, 2013