Hawaii District Court Converts Temporary Restraining Order Against Travel/Refugee Ban to Preliminary Injunction
Following a hearing yesterday, a federal judge in Hawaii granted the plaintiffs’ motion to convert the court’s temporary restraining order enjoining the government from enforcing or implementing Sections 2 and 6 of President Trump’s Executive Order 13780 nationwide to a preliminary injunction. The court concluded that the plaintiffs had met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim, that irreparable injury was likely if the preliminary injunction was not issued, and that the balance of the equities and public interest counseled in favor of granting the requested relief.
Affirming the district court’s summary judgment in favor of the appellee, the Ninth Circuit held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence.
Matter of CALCANO DE MILLAN, 26 I&N Dec. 904 (BIA 2017)
For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.