C-J-H, 26 I. & N. Dec. 284

Respondent: native of China admitted as an asylee (Jan 10, 2006) and adjusted to lawful permanent resident (LPR) under INA §209(b) on Nov 20, 2007.
Convicted (Nov 9, 2011) of conspiracy to traffic in counterfeit goods (18 U.S.C. §§ 371, 2320) and sentenced to 12 months + 1 day.
Immigration Judge (May 8, 2013) found respondent removable as convicted of a crime involving moral turpitude and an aggravated felony, and pretermitted his application to "readjust" status under INA §209(b) with a §209(c) waiver.
Respondent conceded removability and appealed the pretermission, arguing §209(b) should permit readjustment despite his prior adjustment from asylee to LPR.
Board held that once an asylee has adjusted to LPR status, he no longer holds asylee status and therefore cannot seek subsequent readjustment under §209(b); appeal dismissed.

Issue	Respondent's Argument	DHS/Board's Argument	Held
Whether an alien who previously adjusted from asylee to LPR may later "readjust" under INA §209(b)	§209(b) lacks an explicit prohibition; silence means Congress intended different treatment for asylees than refugees, so readjustment should be allowed	§209(b) applies to asylees seeking initial adjustment; once adjusted they no longer are asylees and §209(b) does not permit subsequent readjustment	An asylee who already acquired LPR status cannot subsequently readjust under §209(b)

Negusie v. Holder, 555 U.S. 511 (2009) (Congress’ silence is not dispositive in statutory construction)
Gutnik v. Gonzales, 469 F.3d 683 (7th Cir. 2006) (alien who adjusted from refugee to LPR no longer qualifies as refugee; ineligible under §209(c) waiver in that context)
Saintha v. Mukasey, 516 F.3d 243 (4th Cir. 2008) (deferred to Board that refugee who already acquired LPR status cannot subsequently readjust)
Robleto-Pastora v. Holder, 591 F.3d 1051 (9th Cir. 2010) (§209(b) does not apply to an asylee who already acquired LPR status)