Decision date: 2023-07-28
Holding that 8 U.S.C. § 1159(b) unambiguously precludes a noncitizen whose asylum status has been terminated from adjusting to LPR status. The Court also held that the case was not moot, despite the Petitioner having returned to Albania pursuant to a removal order. Judge Harris, concurring in part and dissenting in part, agreed that the case was not moot and that the statute was unambiguous, but would have held that a noncitizen can adjust status even after their asylum has been terminated.
Publication Status: Published
Case judge: Agee, Harris, Quattlebaum