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Immigration Law

TPS Adjustment of Status Victory: Bonilla v. Johnson

Bonilla v. Johnson, Mar. 2, 2016- "The parties agree that the sole question before the Court is whether a grant of temporary protected status (“TPS”) under 8 U.S.C. § 1254a satisfies the threshold requirement of admission under 8 U.S.C. § 1255(a) for purposes of becoming eligible for adjustment of status to a lawful permanent resident. ... The Court concludes that the plain language of 8 U.S.C. §§ 1254a(f)(4) and 1255(a) provides that an alien who enters this country without inspection, admission, or parole, but who subsequently is granted TPS, is eligible for adjustment of status under § 1255, provided that he or she meets the other requirements set forth in § 1255(a). Because the Government’s interpretation of §§ 1254a(f)(4) and 1255(a) is contrary to the plain language of these statutes, the Court concludes that the agency’s decision in this case was arbitrary and capricious. Accordingly, the Court reverses the agency’s decision and remands to USCIS for further review consistent with this opinion."  [Hats way off to Anne E. Carlson and David L. Wilson!]