American Bar Association
Media Alerts
Media Alerts - Regis v. Holder -- Fourth Circuit
Decrease font size
Increase font size
October 30, 2014
  Regis v. Holder -- Fourth Circuit
Headline: Chevron Doctrine Puts Limits on "Minors" Seeking Permanent Resident Status

Area of Law: Immigration; Administrative Law

Issue Presented: Whether a K-2 visa holder's eligibility for permanent resident status is determined by the date of entry into the United States or instead by the date on which the K-2 visa application is filed.

Brief Summary: Noel Joseph Menor Regis, a native of the Philippines, was approved to enter the United States on a K-2 visa with his mother (as a minor child who was unmarried and under the age of twenty-one). However, Regis did not actually enter the U.S. until a few weeks after his mother married a U.S. citizen. At the time he entered, Regis was twenty-one years old. Upon entry, Regis applied to become a permanent resident, but the United States Citizenship and Immigration Services denied his application because under the Immigration Nationality Act ("INA"), he was not a minor child when he entered at the age of twenty-one. The Board of Immigration Appeals ("BIA") affirmed the decision, and Regis appealed. Regis argued that he was eligible for permanent resident status because the INA is ambiguous as to when during the immigration process a K-2 visa holder must be a minor child. Because he was younger than twenty-one years old when he applied for and received his K-2 visa, Regis argued he was eligible for relief.

After a Chevron analysis, the U.S. Court of Appeals for the Fourth Circuit deferred to the BIA and concluded that a K-2 visa holder's permanent resident status is determined by the date of entry because a visa can be extinguished at any time prior to admission into the U.S.

In a case decided the same week as this one, Mohamed v. Holder, the Fourth Circuit did not afford the same deference to the agency and reversed the BIA's ruling.

To read the full opinion, please click here.

Panel: Judges Duncan, Agee, and Diaz

Argument Date: 09/16/2014

Date of Issued Opinion: 10/16/2014

Docket Number: No. 13-1988

Decided: Petition Denied

Case Alert Author: Jamie Lee

Counsel: Alfred Castro Tecson, TECSON LAW OFFICE, Annandale, Virginia, for Petitioner. Colin James Tucker, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Stuart F. Delery, Assistant Attorney General, Civil Division, Anthony W. Norwood, Senior Litigation Counsel, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Author of Opinion: Judge Agee

Case Alert Circuit Supervisor: Professor Renée Hutchins

    Posted By: Renee Hutchins @ 10/30/2014 03:23 PM     4th Circuit  

FuseTalk Enterprise Edition - © 1999-2018 FuseTalk Inc. All rights reserved.

Discussion Board Usage Agreement

Back to Top