Monday, October 12, 2020

Supreme Court Petitioned to Review Salvadoran TPS Case

One of the Andrew Hamm's Petitions [for Certiorari] of the Week involves Temporary Protected Status.  The Trump administration, with court approval, has sought to end TPS for Salvadorans, Haitians, and citizens of other countries.

Hamm's description of the case and the petition for certiorari:

"Sanchez v. Wolf involves an immigration category known as Temporary Protected Status, which allows people from countries suffering humanitarian crises to live and work in the United States for a limited time. The case asks whether a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident status if those noncitizens originally entered the United States without being `inspected and admitted' – a term of art referring to lawful entry and authorization by an immigration officer. Jose Santos Sanchez and Sonia Gonzalez are a married couple from El Salvador who entered the United States without being inspected and admitted. In 2001, after earthquakes in El Salvador, the couple received Temporary Protected Status. Under the Immigration and Nationality Act, a TPS recipient shall be `considered as being in, and maintaining, lawful status as a nonimmigrant' for purposes of applying to become a lawful permanent resident. When the couple in 2015 applied to adjust their status to that of lawful permanent residents, the government denied the application because they had never been lawfully admitted into the United States as required by the INA. Distinguishing between `admission' and `status,' the U.S. Court of Appeals for the 3rd Circuit agreed that a grant of Temporary Protected Status does not satisfy the `admission' requirement. Arguing that this decision conflicts with rulings by the U.S. Court of Appeals for the 6th and 9th Circuits and that the issue affects hundreds of thousands, the couple asks for the justices to review the 3rd Circuit’s opinion."


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