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Adjustment of Status Under § 245(i) for Noncitizens Previously Removed
Duran Gonzalez is a Ninth Circuit-wide class action challenging DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). In Perez-Gonzalez, the Ninth Circuit had said that individuals who had been removed or deported could apply for adjustment of status (under INA § 245(i)) along with an accompanying I-212 waiver application. In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit overturned Perez-Gonzalez, deferring to the BIA’s holding that individuals who have previously been removed or deported are not eligible to apply for adjustment of status. See Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006). The Court subsequently said, however, that some plaintiffs may be able to establish that the new rule should not apply retroactively.
Read MoreMeet the First Ever Olympic Refugee Team
According to the United Nations High Commissioner for Refugees, there are approximately 65 million refugees and internally displaced persons worldwide. Among them are world class athletes who dream of competing in the Olympics, but have been displaced from their homes and had their training disrupted. Many are unable to obtain citizenship and compete for their […]
Read MoreUnprecedented Coalition Ask Court to Reverse Texas Ruling Blocking Immigration Initiatives
Washington D.C. – The Texas federal district court order that blocked parts of President Obama’s executive action on immigration was based on unproven or incomplete presentations to the court and should be reversed, civil rights and immigration advocates argue in an amicus (“friend-of-the-court”) brief in the case of State of Texas v. United States. Texas and 25 other […]
Read MoreEnforcement Overdrive: A Comprehensive Assessment of ICE’s Criminal Alien Program
This examination of the Criminal Alien Program’s outcomes from fiscal years 2010 to 2013 offers important insights into CAP’s operations over time and its potential impact on communities moving forward.
Read MoreMata v. Lynch – Supreme Court
By statute, noncitizens who have been ordered removed have the right to file one motion to reopen. 8 U.S.C. § 1229a(c)(7)(A). In most cases, these statutory motions to reopen are subject to strict filing deadlines. See 8 U.S.C. §§ 1229a(c)(7)(C)(i), (b)(5)(C)(i). However, as nine courts of appeals have recognized, the deadlines are subject to equitable tolling, a long-recognized principle through which courts can waive the application of certain non-jurisdictional statutes of limitations where a plaintiff was diligent but nonetheless unable to comply with the filing deadline. Several courts have also recognized that the numerical limitation on motions to reopen is subject to tolling. The Council continues to advocate in the remaining courts of appeals for recognition that that the motion to reopen deadlines are subject to equitable tolling and, with the National Immigration Project of the National Lawyers’ Guild (NIPNLG), has filed amicus briefs in the Fourth, Fifth and Eleventh Circuits.
Read MoreMexican Immigrant Creates Jobs and Opportunity for American Workers in Greenville
When Mexican native Ruben Montalvo first came to the United States at age 24, he was so sure his visit was temporary that he kept an open return ticket home. As valedictorian from his university, where he had received an engineering degree, he’d been reluctant to leave his cushy job in Mexico City with General […]
Read MoreAmerica Offered Them Protection and They Became Part of America
In 2015, displaced people around the world faced incredible challenges. The well-being of refugees and the policy decisions affecting them are still at the forefront of many people’s minds. Some communities have held local rallies to demonstrate their support, while others have taken to social media to defend refugees using hashtags like #RefugeesWelcome. Yet anti-refugee […]
Read MoreEfforts to Pass Anti-Refugee Legislation Slows
In the days after the Paris attacks, fear took hold of many across the United States, and some politicians proposed shutting our doors to refugees, particularly those from Syria and Iraq. This knee jerk reaction resulted in the House of Representatives hastily passing a misguided bill, which, if signed into law, would effectively halt the […]
Read MoreAn Overview of U.S. Refugee Law and Policy
The United States has long been a global leader in the resettlement of refugees—and the need for such leadership remains enormous.
Read MoreAccountability Continues to Elude the Border Patrol
A startling number of media accounts continue to demonstrate that the Border Patrol is an agency which is unable to control many of its agents and shows little willingness to provide accountability for its actions. Its agents frequently use force—sometimes deadly force—against people who do not represent a serious threat. Their agents are rarely disciplined […]
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