FedSoc Forums Courthouse Steps Decision Teleforum: Sanchez v. Mayorkas
Jun 24, 2021
33:16
The Supreme Court issued its unanimous decision in Sanchez v. Mayorkas on June 7, 2021.
Jose Santos Sanchez, a citizen of El Salvador, entered the United States illegally in 1997. Four years later, he applied for and was granted Temporary Protected Status (TPS) then in 2014, Sanchez applied for Lawful Permanent Resident (LPR) status.
The United States Citizenship and Immigration Services denied Sanchez’ LPR application, finding him ineligible based on his illegal entry—so Sanchez sued in District Court. The court sided with Sanchez, holding that the grant of TPS automatically made Sanchez eligible for LPR consideration.
On appeal, the Third Circuit reversed, finding Sanchez ineligible for LPR, based on his illegal entry, and the Supreme Court affirmed. The Court found that eligibility for LPR status under 8 U.S.C. Section 1255 requires “admission” defined as “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” As a result, Sanchez’ illegal entry made him ineligible for LPR.
Featuring:
Hon. Grover Joseph Rees, III, retired United States Ambassador to East Timor, General Counsel of the US Immigration and Naturalization Service from 1991 through 1993
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Jose Santos Sanchez, a citizen of El Salvador, entered the United States illegally in 1997. Four years later, he applied for and was granted Temporary Protected Status (TPS) then in 2014, Sanchez applied for Lawful Permanent Resident (LPR) status.
The United States Citizenship and Immigration Services denied Sanchez’ LPR application, finding him ineligible based on his illegal entry—so Sanchez sued in District Court. The court sided with Sanchez, holding that the grant of TPS automatically made Sanchez eligible for LPR consideration.
On appeal, the Third Circuit reversed, finding Sanchez ineligible for LPR, based on his illegal entry, and the Supreme Court affirmed. The Court found that eligibility for LPR status under 8 U.S.C. Section 1255 requires “admission” defined as “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” As a result, Sanchez’ illegal entry made him ineligible for LPR.
Featuring:
Hon. Grover Joseph Rees, III, retired United States Ambassador to East Timor, General Counsel of the US Immigration and Naturalization Service from 1991 through 1993
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.