News Updates

12/07/2007 - Budrys v. Mukasey (formerly Budrys v. Keisler):

The Fourth Circuit has heard oral argument in this case, and the case is now submitted. The Court did not indicate when we can expect a decision, and it normally may take several months before a decision is issued. The central issue in the case is whether the BIA should continue removal proceedings of paroled aliens with pending adjustment applications before USCIS to prevent such aliens' removal from the United States prior to the adjudication of the adjustment application.

10/16/2007 - Budrys v. Keisler (formerly Budrys v. Gonzales):

The Fourth Circuit Court of Appeals has scheduled Oral Argument in this leading parolee adjustment case. The argument will take place in Richmond, Virginia on December 6, 2007. Gregory Bryl, our principal attorney, will argue the case for the petitioning immigrant. AILF, who previously filed an amicus in this case, will also participate in the argument on Petitioner's side, unless the Court orders otherwise.

We are pleased that the Fourth Circuit has decided to assist itself with oral argument to resolve this important case, which is one of first impression not only within the Circuit, but also nationwide.

2/8/07  -  Budrys v. Gonzales:

AILF has filed an amicus brief in Budrys v. Gonzales, the first parolee adjustment case to go to the Fourth Circuit Court of Appeals. Earlier, on 1/29/07, our office filed Petitioner's Brief in this case. Both brief argue that BIA's denial of Petitioner's motion to reopen and continue the case was arbitrary and an abuse of discretion in light of the newly promalgated interim fule allowing parolees inremoval proceedings to apply for adjustment of status through USCIS.

Stay tuned for further developments.

11/9/06   -  Budrys v. Gonzales:

Our firm has filed a petition for review in the first parolee adjustment case that has made it to a federal court in the country: Budrys v. Gonzales, No. 06-2187. On May 12, 2006, the Attorney General, along with other federal agencies, promulgated an interim rule repealing the regulatory bar on adjustment by parolees in removal proceedings and allowing such applications to be filed with the USCIS. Our client made such an application after the conclusion of his removal proceedings but within the 90-day reopening period. Nonetheless, the BIA denied his motion to reopen, and that denial has now been challenged in the Fourth Circuit.