Orlov v. Howard

How courts have described this case

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

• holding that the pace of processing an adjustment of status application is a discretionary decision which the INA removes from this Court’s jurisdiction
• finding that “[t]he plain meaning of [section 1255(a)] therefore is to grant USCIS the power and the discretion to promulgate regulations governing how (and when) adjustment decisions are made”
• “The status of an alien . . . may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe . . . .” (quoting 8 U.S.C. § 1255(a))
• “In the absence of statutorily prescribed time limitations or statutory factors to guide USCIS in crafting regulations for the adjustment process, it is difficult to determine how the pace of processing an application could be any thing other than discretionary.”
• “In the absence of statutorily pre- scribed time limitations or statutory factors to guide USCIS in crafting regulations for the adjustment process, it is difficult to determine how the pace of processing an application could be anything other than dis- cretionary.”

Source: CourtListener parenthetical corpus (CC0).