The Second Circuit has determined that a non-citizen can only apply for adjustment of status under section 209 of the INA if he still maintains his asylum status. The court reaffirmed that the Immigration Judge has the authority to defer termination of asylum in order to permit the non-citizen to file for adjustment.

The full text of Wassily v. Bondi can be found here:

https://ww3.ca2.uscourts.gov/decisions/isysquery/117ad671-34e9-4aaf-96ca-50888f6f73f9/38/doc/22-6247_23-6289_complete_opn.pdf

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