Manuel Valencia v. Loretta E. Lynch

OPINION

NGUYEN, Circuit Judge:

Petitioner Manuel Valencia, a citizen of Mexico, seeks adjustment of his immigration status under the “grandfathering” exception for beneficiaries of labor-certification applications filed before April 30, 2001. See 8 U.S.C. § 1255(i)(l)(B)(ii). The Immigration Judge and Board of Immigration Appeals denied Valencia’s application for adjustment of status, citing a regulation promulgated by the Attorney General that says, “An alien who was substituted for the previous beneficiary of the application for the labor certification after April 30, 2001, will not be…