Ramirez v. Brown, No. 14-35633 (9th Cir. 2017)Annotate this Case
Plaintiff Jesus Ramirez came to the United States from El Salvador in 1999 and was granted Temporary Protected Status (TPS) in 2001. In 2012, plaintiff married a United States citizen and the couple sought lawful permanent resident status for Ramirez. The court held that a TPS designee provides a pathway for Ramirez to obtain lawful permanent resident status under the adjustment statute; under 8 U.S.C. 1254a(f)(4), an alien afforded TPS is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under section 1255; and thus the court affirmed the district court's grant of summary judgment in favor of Ramirez.
Court Description: Immigration. The panel affirmed the district court’s summary judgment in favor of Jesus Ramirez in his action challenging the United States Citizenship and Immigration Service’s decision finding him ineligible to adjust to lawful permanent resident status on the ground that because he entered the United States without inspection he was not “inspected and admitted or paroled” as required by 8 U.S.C. § 1255(a). The panel held that under the Temporary Protected Status statute, 8 U.S.C. § 1254a(f)(4), a TPS recipient is deemed to be in lawful status and thereby has satisfied the requirements to become a nonimmigrant, including inspection and admission, for the purposes of adjustment of status. The panel held that as a TPS beneficiary, Ramirez was therefore eligible to obtain lawful permanent residence.