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Justia Daily Opinion Summaries

US Court of Appeals for the Eighth Circuit
October 28, 2020

Table of Contents

Velasquez v. Barr

Immigration Law

Associate Justice
Ruth Bader Ginsburg

Mar. 15, 1933 - Sep. 18, 2020

In honor of the late Justice Ruth Bader Ginsburg, Justia has compiled a list of the opinions she authored.

For a list of cases argued before the Court as an advocate, see her page on Oyez.

Ruth Bader Ginsburg

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US Court of Appeals for the Eighth Circuit Opinions

Velasquez v. Barr

Dockets: 19-1148, 19-2130

Opinion Date: October 27, 2020

Judge: Jane Louise Kelly

Areas of Law: Immigration Law

A noncitizen who enters this country without inspection or admission, but who later receives Temporary Protected Status (TPS), may adjust her status to Lawful Permanent Resident because a TPS recipient is deemed inspected and admitted for purposes of 8 U.S.C. 1255(a). The Eighth Circuit held that section 1254a(f)(4) provides that TPS recipients "shall be considered as being in, and maintaining, lawful status as a nonimmigrant" for purposes of adjusting their status under section 1255. The court explained that those in nonimmigrant status are necessarily inspected and admitted. By operation of section 1254a(f)(4), then, TPS recipients are considered "inspected and admitted" under section 1255(a), regardless of whether they entered the United States without inspection. Therefore, USCIS's contrary interpretation conflicts with the plain meaning of the INA and is therefore unlawful.

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