Duran Gonzales v. DHS: Retroactivity and Adjustment of Status after Reentry

This lawsuit, a Ninth Circuit-wide class action, challenged DHS’s refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004), a Ninth Circuit decision holding that individuals who had been removed could apply for adjustment of status under INA § 245(i) with an I-212 waiver application. The case was litigated by NIPNLG, Northwest Immigrant Rights Project, the American Immigration Council, the Law Offices of Stacy Tolchin, and Van Der Hout, Brigagliano & Nightingale, LLP.

Although the Court overturned Perez-Gonzalez, deferring to the BIA’s holding in Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006), that individuals who have previously been removed are not eligible to apply for adjustment of status, the Court ultimately found that some noncitizens might be able to establish that this holding should not apply retroactively. On July 22, 2014, the District Court approved a settlement agreement providing remedies for class members who submitted adjustment of status and I-212 waiver applications on or after August 13, 2004 and on or before November 30, 2007.

• Download the complaint » (2006)
• Read the Ninth Circuit decision Duran Gonzales v. DHS, 712 F.3d 1271 » (2013)
• Download the the settlement agreement and court order approving the agreement » (2014)
• Download a cover sheet for a request for ICE to join a motion to reopen under the agreement and a joint motion to reopen template » (2014)
• Read our Q&A and power point presentation on the settlement agreement » (2014)
• Read the USCIS guidance on the settlement agreement » (2015)