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Justices deny green cards to noncitizens granted Temporary Protected Status
SCOTUS Blog ^ | June 7, 2021 | By Maryellen Fullerton

Posted on 06/07/2021 11:18:45 AM PDT by NohSpinZone

The Supreme Court unanimously ruled on Monday that noncitizens who have been granted temporary humanitarian relief from deportation cannot use the process known as “adjustment of status” to obtain lawful permanent residency in the United States without leaving the country. The court ruled in Sanchez v. Mayorkas that adjustment of status is reserved for those who were inspected at the border and admitted to the United States by an immigration officer, thus disqualifying the majority of those granted Temporary Protected Status. Justice Elena Kagan wrote the opinion for the court.

SNIP

The government, however, denied the couple’s subsequent application to use the adjustment-of-status process in order to transition from temporary to permanent residency without leaving the United States. Immigration officials ruled that the couple’s original unauthorized entry disqualified them from adjustment of status. The government relied on the text of Immigration and Nationality Act Section 1255(a), which restricts the in-country adjustment-of-status process to noncitizens who were “inspected and admitted or paroled into the United States.”

(Excerpt) Read more at scotusblog.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Foreign Affairs
KEYWORDS: didyousearch; greencards; illegals; temporaryprotection
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Hmmm, a seemingly logical ruling but the 9-0 shut out makes me suspicious that there's something I'm missing here.
1 posted on 06/07/2021 11:18:45 AM PDT by NohSpinZone
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To: NohSpinZone
9-0 could mean that the Rat Party's decision to flood this country with wetbacks ain't gonna fly...or that their efforts have temporarily failed because of a misplaced semicolon in their petition.
2 posted on 06/07/2021 11:22:39 AM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: Gay State Conservative
9-0 could mean that the Rat Party's decision to flood this country with wetbacks

What has the GOP ever done to make you believe that THEY don't also want to "flood the country with wetbacks"?

3 posted on 06/07/2021 11:24:40 AM PDT by Jim Noble (Extremism in the defense of Liberty is no vice)
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To: Jim Noble

Trump had the southern border sealed tighter than a....well,you know.


4 posted on 06/07/2021 11:26:40 AM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: NohSpinZone

I’m sure this puts a wrinkle in Biden’s plans to increase his voter base.


5 posted on 06/07/2021 11:29:44 AM PDT by ProudDeplorable (Concentrated power has always been the enemy of liberty. ~ Ronald Reagan)
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To: ProudDeplorable

I bet they ignore this ruling.


6 posted on 06/07/2021 11:32:18 AM PDT by hsmomx3
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To: NohSpinZone

What happens when a sponsor brings over a fiance, they get married. Then on the day she received her conditional green card, she packs up and splits. The husband then files divorce. After 2-years, the divorced immigrant goes to her adjustment of status interview to get the conditions removed? BTW, the 2-card is granted because she was married. That was the condition and it desolved during this time-frame.

Curious minds wanna know.


7 posted on 06/07/2021 11:33:39 AM PDT by Deepeasttx ( Sensitivity/diversity training sessions are just reeducation camps without walls....for now.)
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To: NohSpinZone

The SCOTUS actually Ruled that People don’t get to benefit from breaking the Law? Time to buy a Powerball Ticket.


8 posted on 06/07/2021 11:33:52 AM PDT by Kickass Conservative (Trump - Make America Great Again / Xiden - Make America Grovel Again...)
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To: NohSpinZone

obtain lawful permanent residency in the United States without leaving the country

*************

Well, one can “leave” the country simply by stepping across the border and then coming right back in.


9 posted on 06/07/2021 11:44:19 AM PDT by Starboard
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To: Gay State Conservative

9-0 could mean that the Rat Party’s decision to flood this country with wetbacks ain’t gonna fly

*************

They’ve already flooded the country — and with lots of Republican help. The truth is we have no idea how many people have flooded in but its a huge number that is growing by the hour. For the Dems, its almost Mission Accomplished.

The only risk to the Dems now is hispanics deciding they don’t like what the liberals are doing the land of opportunity. I actually think there’s a good chance of them rejecting Democrats and their crazy policies that remind the immigrants of the nasty socialist regimes back home.


10 posted on 06/07/2021 11:48:58 AM PDT by Starboard
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To: Starboard
The only risk to the Dems now is hispanics deciding they don’t like what the liberals are doing the land of opportunity.

Several counties and cities along the Texas/Mexico border have turned Red over the last two Presidential elections. Hell, McAllen, Texas just elected their first Republican Mayor in 24 years...this is a town that is 85% Hispanic!

I think the Marxist Democrats have been played by the Hispanics because Hispanics are actually usually pretty damn Conservative at heart: they like to work for a living, they are family oriented, they don't like authority telling them what they can and can't do, they are mostly Catholic (so mostly pro-life), etc...

As soon as the Marxist Democrats realize their mistake, they will be SCREAMING to build a wall, high, wide, with artillery on top and land mines along the bottom!!
11 posted on 06/07/2021 11:56:21 AM PDT by ExTxMarine (Diversity is tolerance; diverse points of views will not be tolerated.)
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To: ExTxMarine
because Hispanics are actually usually pretty damn Conservative at heart: they like to work for a living, they are family oriented

This could describe blacks in America pre-1964 before the "Great Society" ravaged black communities everywhere, especially in urban areas.

12 posted on 06/07/2021 12:04:32 PM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: hsmomx3
"I bet they ignore this ruling."

I'm sure you're right. Who is going to make sure the court's decision is enforced?

Nobody!!

13 posted on 06/07/2021 12:07:44 PM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: ExTxMarine

I cannot imagine hispanics, who largely came here for economic reasons, would want or support the wholesale reset of this country the liberals are pushing for. The hispanics came here for opportunity, not for the radical, wacked out social ideas the liberal elites champion.

I think a lot hispanics know what the Dems are really all about and they’re not going to board that train.


14 posted on 06/07/2021 12:10:17 PM PDT by Starboard
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To: NohSpinZone

It’s simply a tip off to what the Dem-Rats in Congress need to do.
Add in the Bush League COC Pubbies and just modd the law, retroactively.


15 posted on 06/07/2021 12:16:35 PM PDT by Macoozie (Handcuffs and Orange Jumpsuitss)
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To: Deepeasttx
Usually, the petition would not be granted. The relationship still needs to be in place until the end of the conditional period. Once the "full" non-conditional Green Card is issued, anything goes, as long as you can't prove fraud from the beginning.

That being said, there is a "loophole" that unscrupulous people use. If the immigrant spouse alleges abuse by the US citizen spouse, the law allows the conditions to be removed without the marriage being intact (I seem to remember that they can petition immediately and not wait the two years, but I am not positive on that). This sounds like a normal idea, except USCIS supposedly will take any specious evidence of abuse as proof (for example, a police report about a domestic disturbance...no conviction required).

16 posted on 06/07/2021 12:17:20 PM PDT by billakay
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To: ExTxMarine

As soon as the Marxist Democrats realize their mistake, they will be SCREAMING to build a wall, high, wide, with artillery on top and land mines along the bottom!!

*************

Led by Cryin’ Chuck Schumer.


17 posted on 06/07/2021 12:17:52 PM PDT by Starboard
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To: Starboard

It’s odd that no one ever mentions Obamas ban on Cuban refugees. Somehow, trump overlooked it as it wasn’t reversed. The main goal was stopping potential Republican voters and a mionr goal kissing Castros ass.


18 posted on 06/07/2021 1:07:49 PM PDT by rxh4n1
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To: rxh4n1

Good analysis.


19 posted on 06/07/2021 2:25:08 PM PDT by Starboard
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To: NohSpinZone

I think it might be just a logical ruling. Temporary, undocumented residents from (and loyal to, who’s kidding who) a foreign country can’t vote in American elections and have no right to preferential employment granted green-card holders.

Waiting for a response from the governor of the colonized state of California, where foreign nationals who are ‘anti-colonalist’ now run the state.


20 posted on 06/07/2021 3:57:36 PM PDT by blueplum ("...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017) )
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