No. 19-415

Oscar Ernesto Melendez v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al.

Lower Court: Fifth Circuit
Docketed: 2019-09-27
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 8-usc-1255 adjustment-of-status circuit-court-split circuit-split immigration-law lawful-admission national-importance statutory-interpretation temporary-protected-status
Key Terms:
Immigration
Latest Conference: 2019-11-22
Question Presented (from Petition)

Whether a grant of TPS to an alien by the U.S. Citizenship and Immigration Services ("USCIS") constitutes a lawful admission into the United States for purposes of his or her eligibility for adjustment of status under 8 U.S.C. § 1255(a).

Whether grant of TPS constitutes an admission that allows an alien to avoid 8 U.S.C. § 1255(c)'s bar to adjustment of status even though the alien failed to maintain lawful status prior to the grant of TPS.

Question Presented (AI Summary)

Whether Temporary Protected Status constitutes an admission for purposes of adjustment of status under 8 U.S.C. § 1255(a)

Docket Entries

2019-11-25
Petition DENIED.
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-28
Waiver of right of respondent McAleenan, Kevin to respond filed.
2019-09-24
Petition for a writ of certiorari filed. (Response due October 28, 2019)

Attorneys

McAleenan, Kevin
Noel J. FranciscoSolicitor General, Respondent
Oscar Melendez
Raed GonzalezGonzalez Olivieri, LLC, Petitioner