Update on Duran Litigation

 

Update on Duran Litigation

 

On June 22, 2009, Plaintiffs filed their appeal brief in the Ninth Circuit. Plaintiffs argue that the court's prior decision in Duran Gonzales should not apply retroactively to those individuals who filed for adjustment of status (with I-212 waivers) in reliance on the old law (as set forth in Perez-Gonzalez).

Duran Gonzales is a circuit-wide class action challenging DHS' refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). In Duran Gonzales, the Ninth Circuit overturned Perez-Gonzalez, deferring to the BIA's holding that individuals who have previously been removed or deported are not eligible to apply for adjustment of status (under INA § 245(i)) along with an accompanying I-212 waiver application. See Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006).

The suit is brought by Northwest Immigrants Right Project, the American Immigration Law Foundation, and Van Der Hout, Brigagliano & Nightingale, LLP.