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Ling Yang v. Mukasey
Citations: 514 F.3d 278; 2008 U.S. App. LEXIS 2054; 2008 WL 248542Docket: 06-3872-ag
Court: Court of Appeals for the Second Circuit; January 31, 2008; Federal Appellate Court
Ling Yang, a Chinese national, sought judicial review of a Board of Immigration Appeals (BIA) order affirming an Immigration Judge's (IJ) denial of her applications for adjustment of status based on her marriage to a U.S. citizen and for a waiver of inadmissibility. Yang was found removable for overstaying her visa and was deemed inadmissible due to a crime involving moral turpitude and prostitution. The IJ denied her adjustment of status application, citing statutory ineligibility and a lack of merit for a favorable discretionary decision, including considerations of Yang's criminal conduct. The Second Circuit Court of Appeals determined it lacked jurisdiction to review the IJ's discretionary denial due to the independent reasons provided by the IJ, which were affirmed by the BIA. As a result, Yang's petition for review regarding the adjustment of status was dismissed, and the remainder of her petition was denied as moot. The court did not address the issue of her inadmissibility or eligibility for a waiver since the removal order was upheld based on her conceded removability as a visa overstay.