Bonilla v. Johnson

149 F. Supp. 3d 1135, 2016 U.S. Dist. LEXIS 31968, 2016 WL 879161
District Court, D. Minnesota·Decided March 2, 2016·No. Civ. No. 14-4962 (BRT)·Published·Cited by 7 cases

Opinion

MEMORANDUM OPINION AND ORDER

BECKY R. THORSON, United States Magistrate Judge.

INTRODUCTION

Plaintiff Lidia Bonilla brought this action under the Administrative Procedure Act, challenging the U.S. Citizenship and Immigration Services’ (“USCIS”) denial of her application to adjust her status to that of a lawful permanent resident (“LPR”). 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 [1136] requirement of admission under 8 U.S.C. § 1255(a) for purposes of becoming eligible for adjustment of status to a lawful permanent resident. Plaintiff argues that it is, and that she is therefore eligible to apply for adjustment of status under § 1255(a). Defendants disagree.

The parties consented to the exercise of jurisdiction by a United States Magistrate Judge over all proceedings in this case pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. (Doc. Nos.16,19.) This matter is now before the Court on Plaintiffs motion for summary judgment and Defendants’ cross-motion to affirm USCIS’s administrative decision. (Doc. Nos.21, 27.) On October 27, 2015, the Court held a hearing on the motions and took the motions under advisement on November 6, 2015, after allowing the parties short, post-hearing briefs. (Doc. No. 36.) Based on the record, submissions, and oral arguments from counsel, and as further explained below, the Court agrees with Plaintiffs interpretation of the statutory provisions at issue and therefore grants her motion and denies Defendants’ motion.

BACKGROUND

The facts of this case are undisputed. Plaintiff, a native and citizen of El Salvador, entered the United States in 1991 without inspection. The United States Attorney General designated El Salvador as a TPS country on March 9, 2001, after it experienced three consecutive earthquakes. See “Designation of El Salvador Under the Temporary Protected Status Program,” 66 Fed.Reg. 14214-01 (Mar. 1, 2001). On January 16, 2006, while her application for asylum was still pending, she timely applied to USCIS for TPS.1 Plaintiff disclosed on her application that she entered the-' United States without inspection in 1991. Finding no bar to admission, USCIS approved Plaintiffs application and granted her TPS in -the United States in 2007. Plaintiffs TPS has been continuously renewed. since then. As a TPS beneficiary, she is temporarily protected from removal and eligible for employment in the United States. 8 U.S.C. § 1254a(a)(l).

Plaintiff is the mother of Nelly Anderson, a United States citizen over the age of twenty-one. On February 21, 2014, Anderson submitted to USCIS a petition for an alien relative so that her mother would be eligible to apply for an immigrant visa as an immediate relative of an American citizen. That same day, Plaintiff applied for adjustment of status to that; of a lawful permanent resident (“LPR”), pursuant to 8 U.S.C. § 1255.

On March 14, 2014, USCIS issued a request for evidence of Plaintiffs eligibility for adjustment of status, including “evidence of [her] lawful admission or parole into the United States.” In response, Plaintiff provided copies of her TPS approval notifications and asserted that her TPS admission made her eligible to apply for adjustment of status. . On July 19, 2014, USCIS issued a second request for evidence, again asking for proof of admission, inspection, or parole. Plaintiff again responded, resubmitting documents indicating USCIS’s approval of her TPS and submitting a letter brief.

The USCIS approved Anderson’s petition on October 23, 2014, confirming that Plaintiff is a, parent of a United States citizen, but denied Plaintiffs Form 1-485 application for adjustment of status. The denial was based on Plaintiff’s failure to submit evidence of her lawful admission or parole into the United States.

[1137] DISCUSSION

I. Summary Judgment Standard of Review

Summary judgment is proper if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). Here, the parties agree that there are no facts in dispute; the only question is whether Plaintiff is, as a purely legal matter, eligible for adjustment of status to a lawful permanent resident.

II. Standard for Judicial Review of Administrative Agency Decision

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Bonilla v. Johnson, 149 F. Supp. 3d 1135, 2016 U.S. Dist. LEXIS 31968, 2016 WL 879161 (mnd 2016).

149 F. Supp. 3d 1135 (Bonilla v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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