Opinion
No. 02 C 3350
August 2, 2002
MEMORANDUM OPINION AND ORDER
Plaintiff has been granted asylum but she has not yet been issued a green card, and the delay has been lengthy. Defendants move to dismiss. That motion is granted.
The problem, apparently, is that the INS and immigration judges generally grant asylum to more than 10,000 persons per year, but Congress permits the issue of only 10,000 green cards per year to persons granted asylum. 8 U.S.C. § 1159(b). That adjustment of status is discretionary, which means it is beyond judicial review, and it is capped at 10,000. Plaintiff is on the list, but there are others before her.
This court, as we have stated, does not have jurisdiction to review a discretionary act (although it is clear that plaintiff will be accorded permanent residence in due course), and we cannot require the Attorney General to make available a status adjustment beyond the numbers permitted by law or to prefer plaintiff over someone who has been longer on the list. We suggest that plaintiff's plight is best addressed to the Congress.