Kar Onn Lee v. Holder
2012 U.S. App. LEXIS 24832
2d Cir.2012Background
- Lee, a Malaysian citizen, overstayed his nonimmigrant visa and seeks adjustment of status.
- Penang Malaysian Cuisine originally filed the labor certification in Jan 2001 listing Cao as beneficiary; Lee later substituted in Feb 2007.
- USCIS denied Lee’s adjustment in Aug 2008 based on §1255(i)(1)(B)(ii) and the pre-April 2001 labor certification requirement.
- The IJ found Lee not grandfathered because substitution occurred after April 30, 2001, and denied status change.
- BIA affirmed, holding the regulation controlling substitution provisions deterred grandfathering.
- Lee petitions for review, arguing substitutions should be grandfathered under §1255(i)(1)(B)(ii) and that the AG’s interpretation merits Chevron deference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1255(i)(1)(B)(ii) covers substituted beneficiaries. | Lee argues substituted beneficiaries should be grandfathered. | Lee’s substituted status occurred after 2001, barred by regulations. | Statute ambiguous; AG interpretation deferrable under Chevron. |
| Whether Chevron deference applies to §245.10(j) interpretations. | AG interpretation should be rejected as improper valuation of labor-cert rules. | Chevron applies; AG has authority to interpret immigration statute. | Chevron deference applies; regulation reasonable. |
| Whether the agency’s interpretation is permissible given the statute’s purpose. | Statute should be read to include substituted beneficiaries. | Text and context support limiting to beneficiaries listed by 2001. | Regulation a reasonable construction under Chevron step two. |
Key Cases Cited
- Suisa v. Holder, 609 F.3d 314 (4th Cir. 2010) (discusses scope of §1255(i) and grandfathering interpretation)
- INS v. Aguirre-Aguirre, 526 U.S. 415 (U.S. 1999) (Chevron deference applicable to INA interpretations)
- Negusie v. Holder, 555 U.S. 511 (U.S. 2009) (confirms continued Chevron deference for agency interpretations)
- Chevron U.S.A. Inc. v. NRDC, 467 U.S. 837 (U.S. 1984) (establishes two-step deferential framework for agency interpretations)
- Butt v. Gonzales, 500 F.3d 130 (2d Cir. 2007) (describes structure of §1255(i) grandfathering)