A Very Important Immigration Decision from the 6th Circuit
By: Harlan York
June 5, 2013

“This case illustrates the archaic and convoluted state of our current immigration system.”

So begins a very important June 5th decision from the 6th Circuit, which has authority over immigration cases in Ohio, Michigan, Kentucky, and Tennessee.

In Flores, et al. v. USCIS, et al.  the ruling is that border crosser immigrants with Temporary Permanent Status (TPS) can apply for permanent resident status in the US.  This ruling has huge, positive effects.

The case focuses on Suazo, a Honduran national with TPS since 1999 who entered without inspection in 1998.

Suazo married a American citizen and applied for a green card.

This case was denied by Immigration, as the current Immigration Act disallows immigrants not inspected and admitted into the US to apply for adjustment of status (green card applications in US).

Suazo sued in federal court under the Administrative Procedures Act.

The case ended up in the 6th Circuit.

The Court held that those in TPS status are like those inspected and admitted, and therefore may apply for green cards in America, although they entered without permission.

The 6th Circuit also wrote that the word “alien” is offensive and demeaning and urged Congress to eliminate it from the law.

Notably, the Court scolded the Government lawyers by stating that Suazo:

 “would have to leave the United States, be readmitted, and then go through the immigration process all over again.  This is simply a waste of energy, time, government resources, and will have negative effects on his family—United States citizens.  We are disturbed by the Government’s incessant and injudicious opposition in cases like this, where the only purpose seems to be a general policy of opposition for the sake of opposition.”


About Harlan York

The first-ever attorney in New Jersey to win “Immigration Lawyer of the Year” from Best Lawyers, Harlan York is former immigration chair of the NJ State Bar Association and former co-chair for the NY State Bar Association CFLS Committee on Immigration. He currently serves on the American Immigration Lawyers Association (AILA) National Practice Management Committee.

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Harlan York & Associates practices law in the areas of Immigration, Deportation Defense, Family Immigration, Corporate Immigration, Naturalization throughout Essex County – Hudson County – Morris County – Passaic County – Somerset County – Middlesex County – Bergen County – New Jersey -Immigration Lawyer – NJ Immigration Lawyer – Jersey City-Newark-Paterson Passaic Elizabeth Edison Woodbridge Toms River Hamilton Trenton Camden Clifton Passaic Garfield Wallington Cherry Hill East Orange Passaic Union City Bayonne Irvington Old Bridge Lakewood North Bergen Vineland Union Wayne Parsippany-Troy Hills New Brunswick Plainfield Bloomfield Perth Amboy East Brunswick West New York West Orange Hackensack Atlantic City Kearny Mount Laurel Montclair Essex Hoboken North Brunswick Belleville. In addition to serving clients in New York, Pennsylvania, the greater United States, and Internationally.

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