Duran Gonzales, et al. v. U.S. Dept. of Homeland Security, et al., No. 09-35174 (9th Cir. 2011)
Annotate this CaseThis case arose when plaintiffs voluntarily filed applications for adjustment of status in reliance on the Ninth Circuit's opinion in Perez-Gonzalez v. Ashcroft, wherein the court purportedly held that individuals like plaintiffs were eligible for relief. The court held that plaintiffs' request for relief from the retroactive application of Duran Gonzales II to their applications for adjustment of status must be denied because (1) Duran Gonzales II itself applied its rulings to plaintiffs, thus giving the opinion retroactive application; and (2) another three-judge panel had reaffirmed that Duran Gonzales II applied retroactively and that, accordingly, plaintiffs were ineligible to receive I-212 waivers. Therefore, the district court's orders denying plaintiffs' motions to amend class certification and to file an amended complaint, and dismissing the action, were affirmed.
The court issued a subsequent related opinion or order on March 29, 2013.
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