Monday, June 7, 2021

Supreme Court Rules Against TPS Recipient in Adjustment Case

2021_Roberts_Court_Formal_131209_Web2

Photo from the Supreme Court website

News from SCOTUSBlog: 

"At 10 a.m. [today], the [Supreme Court] issued its decision in Sanchez v. Mayorkas. The justices held 9-0 that an individual who entered the United States unlawfully is not eligible to become a lawful permanent resident under 8 U.S.C. § 1255 even if the United States has granted the individual temporary protected status."

Justice Kagan delivered the opinion of a unanimous Court.  The concluding paragraph of the nine page opinion reads as follows:

"Section 1255 generally requires a lawful admission before a person can obtain [lawful permanent resident] status. Sanchez was not lawfully admitted, and his [Temporary Protected Status] does not alter that fact. He therefore cannot become a permanent resident of this country. We affirm the judgment below."

Maryellen Fullerton offers a brief summary of the opinion on SCOTUSBlog.

KJ

https://lawprofessors.typepad.com/immigration/2021/06/supreme-court-rules-against-tps-recipient-in-adjustment-case.html

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