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    IMMIGRATION                                                            MARCH 13, 2026      |  The Indian Eye 37

            of Agour, the BIA relied on  Loper    If the BIA decision in Matter of  were not appropriately adjusted to  mistakenly granted adjustment of
            Bright v. Raimondo, analyzed in pri-  Agour  does  not  get  reversed  in  the  lawful  permanent  resident  status  in  status by the government in a prefer-
            or blogs, in which the Supreme Court  Sixth Circuit Court of Appeals, it  the US as a result of  fraud or mis-  ence category where the priority date
            abolished the long-standing Chevron  would greatly limit relief under INA  representation during adjustment of  may not have been current.
            doctrine, under which, courts were  237(a)(1)(H) to  those who are in-  status, would not be able to avail of   The BIA made clear that its rul-
            required to defer to the government  spected and admitted as lawful per-  the waiver under INA 237(a)(1)(H)  ing  in  Matter  of  Fortjoe  will  apply
            agency’s interpretation of an ambig-  manent residents after obtaining an  if they are denied naturalization and  prospectively and not retroactive-
            uous statute. Loper Bright, according  immigrant visa at a US consulate. It  placed in removal proceedings.  Our  ly.  Thus, people who  have  received
            to the BIA, holds that “reexamination  would not apply to people who ap-  prior blog contemplated scenarios in  waivers prior to this decision based
            of a precedent’s reasoning may be  plied for adjustment of status and  which an applicant can be denied nat-  on fraud or misrepresentation will
            warranted, notwithstanding the doc-  committed fraud or misrepresenta-  uralization, which could also include  not be adversely impacted by this de-
            trine of stare decisis”. The BIA’s deci-  tion during the process. People ap-  cases of innocent misrepresentation  cision.
            sion in Fortjoe illustrates that Loper  plying for naturalization should also  while adjusting status in the US. An   *Kaitlyn Box is a Partner
            Bright, which may serve as a tool for  be aware that if it is found that they  example could include one who was   at Cyrus D. Mehta & Partners PLLC.
            challenging Trump administration   ________________________________________________________________________________________________________________________________________________________________________________________________
            immigration policies, can also be re-
            lied upon by the agency to overturn  Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
            its own precedent that is favorable to   & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
            noncitizens. However, the BIA’s deci-  mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
            sion is itself an agency interpretation
            that is subject to being overturned   Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
            under Loper Bright, as was recently   of Volunteers for Legal Services and board member of New York Immigration Coalition.  Mr. Mehta is the former chair of the
            illustrated when a federal court in   Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
            California  overruled the BIA’s de-
            cision in Matter of Yajure Hurtado,  Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
            which had held that a noncitizen who   on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
            entered the US without inspection   Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
            is not eligible for bond under INA
            235(b)(2)(A). It may not be appro-  and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
            priate for the BIA to rely on Loper   immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016.  Mr. Mehta is ranked among
            Bright,  only a federal court ought to   the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
            be able to rely on Loper Bright and
            not pay deference to a BIA decision.   in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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