Sanchez, Jose S. v. Wolf, Sec. of Homeland

Whether, under 8 U.S.C. § 1254a(f)(4), a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255.

Respondent sued Petitioner, alleging that that the court erred in sustaining his denial of lawful permanent resident status. Respondent and his wife petitioned to obtain resident status after obtaining a Temporary Protected Status (TPS). Through a conflicting decision, the Third Circuit Court held that, a TPS recipient who initially entered the country without being inspected and admitted is categorically ineligible for adjustment of status. The Third Circuit reasoned that Respondent had never been “admitted” into the country under 8 U.S.C. §1255. The court held that “admission” and lawful “status” are different concepts and Respondent’s interpretation of §§ 1254(f)(4) and 1255(a), (c) rendered the provisions superfluous. This decision runs contrary to that of the Sixth and Ninth Circuits. Petitioner now argues that without this Court’s decision, similarly situated TPS recipients will receive disparate treatment based on their jurisdiction. If the Supreme Court affirms the Third Circuit’s holding, Respondent notes that injustice will be created based on the domicile of the recipients. Furthermore, this decision would force TPS recipients to abandon the lives they’ve created and re-enter the country, notwithstanding the dangerous conditions in their country of origin.