Legal Opinion
Kar Onn Lee v. Holder
Court of Appeals for the Second Circuit
Decided December 3, 2012No. Docket 12-10-agPublishedCited by 21 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
Petitioner Kar Onn Lee, a Malaysian citizen who has overstayed his nonimmigrant visa in the United States, seeks an adjustment of immigration status. Generally, applicants (such as Lee) who are present in the United States unlawfully are not eligible for a change of immigration status. See 8 U.S.C. § 1255(c). 1 Lee, however, has invoked the so-called “grandfathering” exception for beneficiaries of labor-certification applications filed by April 30, 2001. See id. § 1255(i)(l)(B)(ii). 2 The Attorney General has interpreted that provision as applying only to…
2Cases cited12 opinions
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- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Barnhart v. WaltonSupreme Court of the United States · 2002
- Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
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3Cited by21 opinions
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- Torres v. HolderCourt of Appeals for the Second Circuit · 2014
- Young v. AvilesDistrict Court, S.D. New York · 2015
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