Lin Qi-Zhuo v. Doris Meissner, Commissioner, United States Immigration and Naturalization Service

WALD, Circuit Judge:

This case involves the relationship between the Chinese Student Protection Act, 8 U.S.C. § 1255 note (1994) (“CSPA”), and the Immigration and Nationality Act, 8 U.S.C. § 1101, et seq. (1994) (“INA”). When appellant Lin Qi-Zhuo, a Chinese national who has resided in the United States since 1987, applied for adjustment of his immigration status to that of a lawful permanent resident under the CSPA, the Immigration and Naturalization Service (“INS”) denied his application. The INS based its denial on the conclusion that the CSPA, which alters standard immigration requirements…