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Immigration Law

Georgia Driver License Victory: Chavez v. Milkell

Chavez v. Milkell, Apr. 19, 2016 - "Because the USCIS SAVE Verification Report indicates "( c)( 1 0)" classification for the Petitioner which means he has a pending application for adjustment of status to that of lawful permanent resident pursuant to 8 USC 1229(b)( I) an thus has "lawful status" pursuant to 6 C.F.R. §37.3, DDS is Ordered to issue a driver's license to the Petitioner as he is eligible pursuant to O.C.G.A. §40-5-21(a)(7). ... DDS' actions have violated the Petitioner's U.S. Constitutional Right to Equal Protection pursuant to the 14th Amendment. ... Lastly, the Respondent's interpretation of 6 C.F.R. §37.3 results in a violation of the Federal Supremacy Clause as DDS is creating a state classification system of aliens that is more restrictive then the federal classification system that has been devised with the eight categories under 6 C.F.R. §37.3."

[Hats off to attorney (and former Border Patrol agent) Justin W. Chaney!]