Toro v. Sec. for the Dept. of Homeland Security, et al, No. 12-10311 (11th Cir. 2013)
Annotate this CasePetitioner sought review of the USCIS's denial of her Form I-360 self-petition for adjustment to permanent resident status. USCIS denied the petition on the grounds that it was contrary to the Cuban Refugee Adjustment Act of 1966 (CAA), 8 U.S.C. 1255. Petitioner claimed that USCIS's decision violated the Fifth Amendment's guarantee of equal protection under the law. Because petitioner's husband did not satisfy the fifth requirement under the plain reading of section 1 of the CAA, the alien must be admissible to the United States for permanent residence, petitioner could not self-petition under the Violence Against Women Act of 1994's, Pub. L. No. 103-322, tit. IV, 108 Stat. 1902, amendments to the CAA. Further, the USCIS's distinction between non-Cuban aliens on the basis of a Cuban spouse's adjustment status did not violate the Fifth Amendment's equal protection guarantees. Accordingly, the court affirmed the judgment.
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