Friday, October 27, 2006

District Court Directs Department of Homeland Security to Stop Unlawful Deportation of Foreign Nationals in Process of Applying to Adjust Their Immigration Status

On October 11, 2006, a U.S. District Court Judge in Seattle, Washington issued a temporary restraining order directing the Department of Homeland Security (DHS) to comply with a 2004 decision of the U.S. Court of Appeals for the Ninth Circuit. The order, applicable to DHS in states within the Ninth Circuit, prohibits DHS from deporting foreign nationals who entered the country unlawfully to reunite with family members, if the individuals have filed pending applications to adjust their immigration status. Aurelio Duran Gonzalez, who is married to a lawful permanent resident and has four U.S. citizen children, filed the lawsuit on September 28, 2006. Even though Gonzalez had filed an application to adjust his immigration status, he was at risk of being deported because he had entered the United States unlawfully to reunite with his family. Gonzalez is represented by the Northwest Immigrant Rights Project based in Seattle, Washington, the American Immigration Law Foundation based in Washington, D.C., and a private law firm. The court’s order will remain in place until the next hearing before the District Court on November 6, 2006.

Thanks to Cappy White for this scoop!

KJ

https://lawprofessors.typepad.com/immigration/2006/10/district_court_.html

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