Court Strikes Down Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019)

Hernandez de Gutierrez v. Barr

"This case presents the novel question of whether the Temporary Protected Status (“TPS”) statute, 8 U.S.C. § 1254a, allows a person who initially entered the country without inspection but was later granted TPS to adjust their status to lawful permanent resident pursuant to 8 U.S.C. 1255. Because the plain language of the statute makes clear that (1) a grant of TPS qualifies as an “admission” and (2) such an admission qualifies as a new entry, the Court will answer the question in the affirmative. Accordingly, the Court will grant Plaintiffs’ Motion for Summary Judgment and deny Defendants’ Motion for Summary Judgment. ... [T]he Court finds at step one of Chevron “that § 1254a(f)(4) unambiguously treats aliens with TPS as being ‘admitted’ for purposes of adjusting status.” ... Because the statute is clear, the Agency’s determination to the contrary is arbitrary and capacious and cannot stand."

[Hats off to Brittany S. Bakken, David L. Wilson, and Kelsey Friberg!]