TPS holders deemed inspected and admitted

Excerpt, page 6:

“However, the Ninth Circuit’s holding that enrollment in the Family Unity Program (FUP) constituted an “admission” within the meaning of the INA can be applied to the present case. See Garcia-Quintero v. Gonzalez, 455 F.3d 1006 (9th Cir. 2006). In that case, the court reasoned that although the plaintiff’s “enrollment into the FUP did not literally comport with the INA’s definition of ‘admitted,’ both this court and the BIA, in precedential decisions, have not limited the scope of ‘admitted’ to this strict definition.” Id. at 1015. Plaintiffs correctly argue that this reasoning applies to the current case because a TPS beneficiary similarly undergoes a process that specifically requires inadmissibility to be waived and is expressly accorded lawful status during the time that TPS status is in effect.”

 

http://legalactioncenter.org/sites/default/files/35_Order%20granting%20Pl%20summary%20jdmt.pdf

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