United States Ninth Circuit

An order granting preliminary injunctive relief to a class of aliens, enjoining defendants from denying certain applications for permission to reapply for admission into the U.S., or from acting on any denied applications, is vacated and remanded pursuant to a binding decision issued by the BIA, which rendered plaintiffs ineligible as a matter of law to adjust their status because they are ineligible to receive I-212 waivers.

Appellate Information

• Argued 08/06/2007
• Decided 11/30/2007
• Published 11/30/2007

Judges

• CALLAHAN, Circuit Judge:, Before:  WILLIAM C. CANBY, JR., CYNTHIA HOLCOMB HALL, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Peter D. Keisler (on the briefs);  Thomas H. Dupree, Jr. (on the briefs and argued);  David Kline (on the briefs);  Papu Sandhu (on the briefs), United States Department of Justice, Office of Immigration Litigation, Washington, DC, for the defendant-appellants., Matt Adams (on the briefs and argued), Northwest Immigrant Rights Project, Seattle, Washington;  Trina Realmuto & Beth Werlin (on the briefs), American Immigration Law Foundation, Washington, DC;  Marc Van Der Hout & Stacy Tolshin, Van Der Hout, Brigagliano & Nightingale, San Francisco, CA, for the plaintiffs-appellees.