The Justices returned a case to the Fourth Circuit to reconsider without the previous limitations of the deference standard. The case challenged whether previously admitted noncitizens applying for a green card are subject to the same standard as new applicants at the border. The Court further vacated a February 2024 Fourth Circuit ruling finding individuals already in the country must meet the same standard of proof as new applicants for U.S. admission.
The deference standard, revoked in 2024, gives federal courts the ability to use their independent judgement rather than relying on federal agency decisions. In addition, federal courts can consider if federal agency decisions are lawful or not. The Fourth Circuit court will now reconsider the green card application matter.
In their previous finding, the Board of Immigration Appeals (BIA) found that an applicant who submits an adjustment of status as a form of removal protection is in a similar position as a non-citizen applying for admission. And on that basis, the court found that the individual already in the country must meet the same standards as those applying for entry to the country. The circuit court supported that finding. The beneficiary stated the BIA relied heavily on deference. Now, with the removal of the deference standard, the matter can be reconsidered, free of that requirement.
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