Melendez v. McAleenan

The Fifth Circuit vacated the district court's judgment in an action seeking a declaratory judgment that DHS had improperly denied plaintiff's application to adjust his status to that of a legal permanent resident. Although the court had jurisdiction in this case, it held that plaintiff failed to state a claim upon which relief could be granted. In this case, plaintiff overstayed his nonimmigrant visitor visa, accruing time as an alien in unlawful status. Therefore, that period made him ineligible for an adjustment of status. The court entered judgment that the complaint be dismissed with prejudice. View "Melendez v. McAleenan" on Justia Law