Thursday, July 24, 2014
LEXIS NEXIS LEGAL NEWSROOM Immigration Law reports that, earlier this week, a federal district court issued a final approval of the settlement agreement in Duran Gonzalez, a Ninth Circuit-wide class action regarding eligibility for adjustment of status under INA § 245(i) along with an accompanying I-212 application (consent to reapply) for individuals who previously were removed.
In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit held that individuals who previously were removed are no longer eligible for adjustment of status with an I-212 waiver unless they remain outside the United States for at least ten years. However, after remand, and another appeal, the Ninth Circuit subsequently remanded the case again to the district court for consideration of plaintiffs’ retroactivity claims; i.e., that plaintiffs’ remain eligible to adjust status based on the law in effect at the time they filed their adjustment and I-212 applications. See Duran Gonzales v. DHS, 712 F.3d 1271 (9th Cir. 2013). The settlement involves remedies for class members with retroactivity claims, including some class members with reinstatement orders under INA § 241(a)(5).
The settlement agreement covers individuals in the Ninth Circuit who filed an adjustment of status application and an I-212 application on or after August 13, 2004 and on or before November 30, 2007. Individuals who did not file both an adjustment application and an I-212 application on or after August 13, 2004 and on or before November 30, 2007 are not covered by the settlement agreement.