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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 MoreThe Growth of the U.S. Deportation Machine
Despite some highly public claims to the contrary, there has been no waning of immigration enforcement in the United States.
Read MoreThe Dream Act, DACA, and Other Policies Designed to Protect Dreamers
This fact sheet provides an overview of the Dream Act and other similar legislative proposals, explains changes made to DACA on March 13, 2019, and provides information about policies at the state level that support Dreamers.
Read MoreNo Childhood Here: Why Central American Children are Fleeing Their Homes
U.S. and regional response must realize that the majority of these children have significant protection needs.
Read MoreWill a Questionnaire Catch a Terrorist? Donald Trump’s “Extreme Vetting” Plan
One of Donald Trump’s more recent, outrageous ideas having to do with immigration is to conduct what he calls “extreme vetting” of prospective immigrants to the United States. The basic idea is to weed out those would-be immigrants “who support bigotry and hatred,” and the main target of this turbo-charged vetting is anyone who happens […]
Read MoreHow USCIS Estimates Application and Petition Processing Times
This fact sheet provides an overview of how USCIS calculates processing times and the concerns over the accuracy of these estimates.
Read MoreWhy the Department of Homeland Security Should Also End Private Prison Contracts
For two years, women and children from Honduras, El Salvador, and Guatemala have been fleeing to the United States to escape the extreme violence of gangs which control large swaths of territory within their home countries. And for two years the Obama Administration has responded to this humanitarian crisis by locking up the women and […]
Read MoreCourt Orders Release of Graphic Photos of Arizona Border Patrol Detention Facilities and Damning Expert Witness Testimony
Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s Tucson Sector.
Read MoreDetained Beyond the Limit
This report reveals that individuals are frequently held for days and sometimes even months in holding cells in Border Patrol sectors along the U.S.’ southwest border.
Read MoreImmigration Enforcement Still Missing the Mark on Detainers
In November 2014, the Department of Homeland Security (DHS) announced the end of the Secure Communities program and the launch of its replacement: the Priority Enforcement Program (PEP). Under PEP, Immigration and Customs Enforcement (ICE) claims to focus its efforts on apprehending individuals actually convicted of specified crimes. ICE also replaced many detainers with Request […]
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