Shafiq v. U.S. Department of Justice
Shafiq v. U.S. Department of Justice
Opinion of the Court
SUMMARY ORDER
Petitioner Umar Shafiq, a native of Pakistan, petitions for review of a November 7, 2006 BIA order adopting and affirming the May 13, 2005 removal order of Immigration Judge (“IJ”) Sarah M. Burr. See In re Umar Shafiq, No. A 97 656 674 (B.I.A. Nov. 7, 2006), affg No. A 97 656 674 (Immig. Ct. N.Y. City May 13, 2005). Shafiq asserts that the agency erred in finding him ineligible for relief from removal under the Family Unity Amendments to the Legal Immigration Family Equity Act (“LIFE Act”), Pub.L. 106-554 § 1504, 114 Stat. 2763, 2763A-324 (2001). Where, as here, the BIA adopts and affirms the Id’s decision with some supplementation, “we review the decision of the IJ as supplemented by the BIA.” Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We assume the parties’ familiarity with the facts and the record of prior proceedings, which we reference only as necessary to explain our decision.
Under 8 C.F.R. § 245a.31, which implements the Family Unity Amendments to the LIFE Act, certain spouses and unmarried children of aliens eligible to adjust status under 8 C.F.R. § 245a.l0 may obtain family unity benefits in the United States if they, inter alia, entered the United States before December 1, 1988, and resided in the United States on that date.
Accordingly, the petition for review of the BIA’s November 7, 2006 order is hereby DENIED.
. The family unity benefits conferred upon eligible spouses and unmarried children by the Family Unity Amendments include an exemption from removal on certain specified grounds and authorization to work in the United States. See Family Unity Amendments to LIFE Act, Pub.L. 106-554 § 1504(a), 114 Stat. at 2763A-325.
Reference
- Full Case Name
- Umar SHAFIQ v. U.S. DEPARTMENT OF JUSTICE, Peter D. Keisler, Attorney General
- Status
- Published