Block on Trump's Asylum Ban Upheld by Supreme Court
Morales-Izquierdo v. Dept. of Homeland Sec., No. 08-35965, a habeas petition seeking review of the BIA's denial of petitioner's application to adjust his immigration status to that of a lawful permanent resident. The court of appeals affirmed the denial of the petition, holding that 1) to permit petitioner's challenge to the denial of his adjustment-of-status application to proceed as a habeas corpus petition would be contrary to a central purpose of the REAL ID Act; 2) a Form I-212 waiver, even if granted, did not cure the inadmissibility of an alien who reentered the U.S. without inspection after a prior removal; and 3) petitioner had no constitutional right to reside in the U.S. simply because other members of his family were citizens or lawful permanent residents.
As the court wrote: "Petitioner-Appellant Raul Morales ("Morales") filed an application to adjust his immigration status to that of a lawful permanent resident. His application was denied because his prior removal from the United States made him "inadmissible." Morales filed a petition for a writ of habeas corpus challenging the rejection by an Immigration and Naturalization Service ("INS") official of his adjustment-of-status application, denial of which by the district court prompted this appeal."
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Sign into your Legal Forms and Services account to manage your estate planning documents.Sign In
Create an account allows to take advantage of these benefits: