Lawsuit to Challenge DHS’Refusal to Follow Perez-Gonzalez, Ninth Circuit I-212 Decision September 30, 2006Posted by dsheen88 in Immigration Cases, Immigration Laws and Policies, MyComments, Simply Immigration!, Tips.
This class action challenges the Department of Homeland Security’s willful refusal to follow the precedent decision of the Ninth Circuit in Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). The Ninth Circuit determined that individuals who have previously been removed or deported may apply for adjustment of status (under INA § 245(I)) along with an accompanying I-212 waiver application.
The suit is brought by Northwest Immigrants Right Project, the American Immigration Law Foundation, and Van Der Hout, Brigagliano & Nightingale, LLP. The case is Duran Gonzalez v. U.S. Dept. of Homeland Security, C-06-1422, and was filed in the United States District Court for the Western District of Washington on Thursday, September 28, 2006.