Shewchun v. Holder, No. 09-3894 (6th Cir. Sept. 8, 2011) (published)
In this case, the court followed the other circuits and the Board's decision in Matter of Acosta Hidalgo, 24 I&N Dec. 103 (BIA 2007), including that the IJ and BIA are not empowered to determine whether an LPR is prima facie eligible for naturalization so as to be able to terminate proceedings under 8 C.F.R. 1239.2(f). The USCIS does not have a mechanism for making this determination, which makes this regulation virtually meaningless. The court acknowledged this but concluded that the power to fix this lies elsewhere.
For interesting reading, google the petitioner in this case.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment