Duran Gonzales v. DHS: Retroactivity and Adjustment of Status after Reentry
This lawsuit, a Ninth Circuit-wide class action, challenged DHSâ€™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 Â§ 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 BIAâ€™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.