The Supreme Court sent a case back to the Fourth Circuit for further review, without the previous limitations of the deference standard. The case involved whether noncitizens already in the U.S. and applying for a green card should be held to the same standards as those applying for admission at the border. The Court also overturned a February 2024 Fourth Circuit ruling that required people already in the U.S. to meet the same standard of proof as new applicants.

The deference standard, which was eliminated in 2024, previously required federal courts to defer to the decisions of federal agencies in certain cases. With its removal, federal courts now have more authority to independently assess the legality of federal agency decisions. The Fourth Circuit will reconsider the green card case under this new approach.

Previously, the Board of Immigration Appeals (BIA) decided that a noncitizen, already in the country, applying for an adjustment of status as a form of removal protection is in a similar position to a noncitizen trying to enter the country. The court agreed with this, requiring the same standards of proof for both groups. The individual in the case argued that the BIA had relied too much on the deference standard, which is now no longer in place, so the case will be looked at again.

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