Brito v. Mukasey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the regulations “provide USCIS with 18 jurisdiction to adjudicate adjustment of status applications for all 19 arriving aliens,” subject to a narrow exception not applicable here
• concluding that the petitioner did not have standing to assert his ultra vires claim because “even if the regulations [the petitioner] attacks might allow for overreaching by the Attorney General, he has not yet been, nor is he likely to be, injured as a result of it.”
• describing Congress’s creation and subsequent amendment of ad justment of status procedure
• acknowledging Succar, noting that the Attorney General and the Secretary had sought to resolve the circuit split by amending the regulation, and applying the amended regulation with- out questioning its validity
• applying rule to deny petition to review adverse adjustment of status 13 determination
• “[T]o preserve an issue for review by this Court, the petitioner must not only raise it before the BIA, but do so with specificity.”

Source: CourtListener parenthetical corpus (CC0).