TPS = Admission for AOS Purposes: Ramirez v. Dougherty

TPS = Admission for AOS Purposes: Ramirez v. Dougherty

"The only issue for the Court is whether Mr. Ramirez was “inspected and admitted,” and therefore eligible to adjust his status.  The determination hinges on the interplay between the adjustment of status statute, § 1255(a), and a subsection of the TPS statute, § 1254a(f)(4).  The Court holds that § 1254a(f)(4) provides a pathway for a TPS beneficiary to obtain lawful permanent resident (LPR) status pursuant to 8 U.S.C. § 1255.  See Flores v. U.S. Citizenship and Immigration Serv.,718 F.3d 548 (6th Cir. 2013).  The facts in Flores are directly analogous to the facts in the present case.  In that case, the plaintiff argued, and the court agreed, that while one must be “admitted” to gain LPR status, TPS beneficiaries are afforded with an exception under the TPS statute that operates as an inadmissibility waiver.  Id. at 552.  The Court adopts the Sixth Circuit holding because the plain meaning of § 1254a(f)(4) indicates that it applies to the entirety of § 1255. ... Mr. Ramirez has lawful nonimmigrant status in the United States and, through his participation in the TPS program, he has been inspected and admitted for the purposes of 8 U.S.C. § 1255. Mr. Ramirez meets the requirements of § 1255(a) and Defendants’ decision to deny his application to adjust his status to that of a lawful permanent resident was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.  For these reasons, the Court GRANTS Plaintiffs’ Cross- Motion for Summary Judgment, docket no. 19, and DENIES Defendants’ Motion for Summary Judgment, docket no. 18.  The Court REMANDS the case to the USCIS for review, consistent with this Order." - Ramirez v. Dougherty, May 30, 2014.  [Hats off to Matt Adams, Mary Kenney and Chris Strawn!]