Ramirez v. Dougherty - Ninth Circuit
The Council, with the American Immigration Lawyers Association, filed an amicus brief with the Ninth Circuit in Ramirez v. Brown, arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible. In a precedent decision issued on March 31, 2017, the Ninth Circuit Court of Appeals agreed. The Ninth Circuit specifically held that this was the plain meaning of the TPS statute, INA § 244(f)(4), which states that, for purposes of adjustment of status under INA § 245(a), a noncitizen “shall be considered as being in, and maintaining, lawful status as a nonimmigrant.” The Court found that an individual could only “be in” lawful nonimmigrant status if first “admitted” to that status, and thus § 244(f)(4) necessarily meant that the TPS recipient had been admitted. In so holding, the Ninth Circuit joined the Sixth Circuit. Ramirez v. Brown, No. 14-35633, __ F.3d __ (9th Cir. Mar. 31, 2017).