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RUIZ-DIAZ v. U.S.

No. 09-35734.

618 F.3d 1055 (2010)

Gabriel RUIZ-DIAZ; Hyun Sook Song; Cindy Lee Marsh; Peter Gillette; Saleck Ould Dah Ould Sidine; Pablo Sandoval; Yuriy Kasyanov; Lelia Tenreyro-Viana; Edgardo Gaston Romero Lacuesta; Rosario Razo Romero; Youn Su Nam; Harold Michael Carl Lapian; Land of Medicine; Ukrainian Autocephalous Orthodox Church; Seattle Mennonite Church, Plaintiffs-Appellees, v. UNITED STATES of America; United States Citizenship and Immigration Services; United States Department of Homeland Security; United States Department of Justice; Michael Aytes, Acting Deputy Director of Citizenship and Immigration Services; Janet Napolitano, Secretary of Department of Homeland Security; Eric H. Holder, Jr., Attorney General, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2010.

Attorney(s) appearing for the Case

Melissa S. Leibman , U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C., for the defendants-appellants.

Robert Pauw , Gibbs Houston Pauw , Seattle, WA, for the plaintiffs-appellees.

Before: PAMELA ANN RYMER and N. RANDY SMITH, Circuit Judges, and DONALD E. WALTER, Senior District Judge.

OPINION

RYMER, Circuit Judge:

We must decide whether a regulation providing that alien beneficiaries of special immigrant religious worker visa petitions may file an application for adjustment of status only when their visa petition has been approved, 8 C.F.R. § 245.2(a)(2)(i)(B), is a permissible construction of 8 U.S.C. § 1255(a).1 Section 1255(a) provides that the status of an alien who has been inspected and admitted...

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