Wassily v. Blanche: Supreme Court Case on Adjusting Status After Asylum Is Terminated

Status: Awaiting decision — Wassily v. Blanche (No. 25-842)

The U.S. Supreme Court granted certiorari on June 29, 2026 and will decide whether a person who was granted asylum, but whose asylum was later terminated, may still apply to adjust to lawful permanent resident (green card) status under 8 U.S.C. § 1159(b), or is categorically ineligible once asylum ends. The Court agreed to hear the case to resolve a split among the federal appeals courts. No oral argument date has been set; the case will be heard in the Court's October 2026 Term, and no decision has been issued.

Next step: Oral argument in the Supreme Court's October 2026 Term (date not yet scheduled as of June 30, 2026); a decision is expected before the term ends, around mid-2027.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

The U.S. Supreme Court granted certiorari on June 29, 2026 and will decide whether a person who was granted asylum, but whose asylum was later terminated, may still apply to adjust to lawful permanent resident (green card) status under 8 U.S.C. § 1159(b), or is categorically ineligible once asylum ends. The Court agreed to hear the case to resolve a split among the federal appeals courts. No oral argument date has been set; the case will be heard in the Court’s October 2026 Term, and no decision has been issued.

Who it affects

People who were granted asylum in the United States and later had that asylum terminated — for example, after a conviction treated as a “particularly serious crime” — and who are seeking to become lawful permanent residents. The federal appeals courts are split: the Second and Fourth Circuits hold that adjustment of status under 8 U.S.C. § 1159(b) is not available once asylum has been terminated, while the Fifth Circuit has allowed former asylees to apply. The Supreme Court’s ruling will set one nationwide rule on whether a person whose asylum was terminated can still pursue a green card through this path. This is general information, not legal advice.

How it got here

  1. Aug 7, 2025 The U.S. Court of Appeals for the Second Circuit (Wassily v. Bondi, No. 22-6247) ruled that a person whose asylum has been terminated cannot adjust to lawful permanent resident status under 8 U.S.C. § 1159(b), agreeing with the Fourth Circuit (Cela v. Garland) and disagreeing with the Fifth Circuit (Siwe v. Holder).
  2. Jun 29, 2026 The U.S. Supreme Court granted certiorari to review the Second Circuit's decision and resolve the circuit split. With Todd Blanche now serving as Acting Attorney General, the case is captioned Wassily v. Blanche (No. 25-842) and will be heard in the October 2026 Term.

What to watch next

Oral argument in the Supreme Court’s October 2026 Term (date not yet scheduled as of June 30, 2026); a decision is expected before the term ends, around mid-2027.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.