Scheerer v. Mukasey (07-1555)

A cert petition has been filed with the Supreme Court, asking the SupCt to resolve a circuit split regarding how to handle adjustment of status applications for arriving aliens.

Decision below: 513 F.3d 1244 (11th Cir. 2008).

Contrary case law: Kalilu v. Mukasey, 516 F.3d 777, 779 (9th Cir. 2008); Sheng Gao Ni, 520 F.3d 125 (2nd Cir. 2008).

Supreme Court docket here:

[Analysis: if USCIS were able to competently handle applications, this issue would not need to come before the Courts of Appeals.  Trying to get USCIS to adjudicate AOS applications for arriving aliens in proceedings would be a minor miracle, and after a final BIA order, even more difficult, notwithstanding their clear jurisdiction, and seemingly clear case law that even an outstanding removal order is not a ground of inadmissibility requiring advance permission to apply.  See Matter of C- H-, 9 I&N Dec. 265 (Asst. Comm. 1961) - CR]

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.