DEPORTATION - CONSEQUENCES OF DEPORTATION - OTHER CONSEQUENCES - SOCIAL SECURITY BENEFITS
Deportation ends some Social Security benefits. Social Security Act 202(n), as amended, 42 U.S.C. 402(n); 20 C.F.R. 404.464; Flemming v. Nestor, 363 U.S. 603 (1960). See Ann Allott, Social Security Issues in Immigration Practice, 91-10 Immigr. Briefings 9 (Oct. 1991); Marcello v. Bowen, 803 F.2d 851 (5th Cir. 1986) (in administering social security law, HHS may not evaluate the legality of an order of deportation). Cf. Osman v. Ribicoff, 195 F. Supp. 699 (E.D. Mich.
RELIEF - APPLYING FOR 245(i) AFTER REENTRY WITHOUT ADMISSION
The most recent issue of AILF's Litigation Clearinghouse Newsletter addresses the law on applying for 245(i) after reentry without admission. See attached, 5th issue.
http://www.ailf.org/lac/litclearinghouse.shtml
RELIEF - ADJUSTMENT OF STATUS - 212(a)(9)(C)
Acosta v. Gonzales, ___ F.3d ___, ___ n.7 (9th Cir. Feb. 23, 2006) (noncitizen inadmissible for accruing more than one year of unlawful presence is eligible for penalty-fee adjustment of status: "We therefore reject the Governments attempted reliance on 8 C.F.R. 245.10(m) which states that an alien eligible for penalty-fee adjustment of status continues to accrue unlawful presence under 1182(a)(9)(C). We need not defer to this agency regulation because it is not based on a permissible construction of the statute. Akhtar, 384 F.3d at 1198."); but see Mortera-Cruz v.
RELIEF - ADJUSTMENT OF STATUS - ARRIVING ALIEN
Interim Rule re: Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate Applications for Adjustment of Status published in 71 Federal Register 27585 (May 8, 2006): http://www.bibdaily.com/pdfs/arriving%20alien%205-12-06.pdf
RELIEF - ADJUSTMENT OF DEPORTATION - LIFE ACT
Padilla-Caldera v. Gonzales, __ F.3d __ (10th Cir. Oct. 19, 2005) (LIFE Act applies to status-violators who have been in the United States for an aggregate period of over one year).
http://laws.lp.findlaw.com/10th/049573.html
RELIEF - ADJUSTMENT OF STATUS
Zheng v. Gonzalez, 422 F.3d 98 (3rd Cir. Sep 8, 2005) (regulation at 8 C.F.R. 1245.1(c)(8), barring adjustment of status for "arriving aliens" is ultra vires to the INA).
RELIEF - ADJUSTMENT OF STATUS
Jiang v. Gonzales, __ F.3d __, 2005 WL 2319668 (9th Cir. Sept. 23, 2005) (noncitizen ineligible for adjustment of status as "arriving alien"). Note: This case may be in conflict with Bona v. Gonzalez, __ F.3d __, 2005 WL 2401874 (9th Cir. Sept. 30, 2005) (DHS regulation precluding "arriving aliens" from seeking adjustment of status in removal proceedings in ultra vires to the INA), or may be distinguishable on the basis that Jiang had previously applied for adjustment of status to the district director and was denied, where Bona had not previously made an application.
RELIEF - ADJUSTMENT OF STATUS
Bona v. Gonzalez, __ F.3d __, 2005 WL 2401874 (9th Cir. Sept. 30, 2005) (DHS regulation precluding "arriving aliens" from seeking adjustment of status in removal proceedings in ultra vires to the INA).
http://caselaw.lp.findlaw.com/data2/circs/9th/0371596p.pdf
RELIEF - ADJUSTMENT OF STATUS - TPS
Some CIS adjustment units take the position that people with TPS approved are eligible to file for AOS, even if they had periods out of status, or entered without inspection. However, they must file their AOS application while actually in TPS status; if TPS expires prior to filing, then the person is out of status and may not be eligible to file for adjustment. Thanks to Angela Moore for this information.
RELIEF - ADJUSTMENT OF STATUS - INADMISSIBILITY - MISREPRESENTATIONS OF MATERIAL FACT - VISA FRAUD
Singh v. Gonzales, ___ F.3d ___ (1st Cir. June 27, 2005) (petition for review properly denied where immigration judge properly found that respondent was statutorily ineligible for adjustment of status for having made misrepresentations of material fact).
http://laws.lp.findlaw.com/1st/042000.html
