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No. 20-315October Term 2020Decided Jun 7, 2021

Docket 20-315October Term 2020 (2020–2021)

Sanchez v. Mayorkas

This case is about whether TPS can open a path to lawful permanent residence for people who originally entered without permission.

Case status

Current stage
Decided
Latest event
Decision released Jun 7, 2021
Case Accepted
Arguments
Decision ReleasedJun 7, 2021
What it's about

This case concerned whether a person who entered the United States unlawfully but later received Temporary Protected Status (TPS) could still adjust status to become a lawful permanent resident. Jose Santos Sanchez argued that TPS should count as a lawful admission for that purpose, while the government said it does not.

Question presented

Whether, under 8 U.S.C. § 1254a(f)(4), a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255.

Case path

United States Court of Appeals for the Third Circuit / Decision released Jun 7, 2021

Area

Decided Supreme Court case

Briefing

What it's about

The case asks whether a person who entered the U.S. unlawfully but later received Temporary Protected Status (TPS) can still become a lawful permanent resident. Jose Santos Sanchez says TPS should count as a lawful admission for that step, while the government says it does not.

Vote

The Court has not scheduled oral argument yet. Sanchez argues TPS should satisfy the lawful-admission requirement for adjustment of status, and the government argues that it does not.

Impact

The answer could affect TPS recipients who want green cards through family or work. For example, someone with TPS who has lived in the U.S. for years could face a major barrier to permanent status if TPS does not count as a lawful entry.

What's next

The next big step is whether the Court schedules oral argument or makes another move in the case. No decision window is available yet.

What is the core dispute in Sanchez v. Mayorkas?

The fight is over whether TPS counts as a lawful admission for someone seeking a green card. Sanchez says yes, and the government says no.

Who could be affected if the Court agrees with one side or the other?

TPS recipients who entered unlawfully and later seek permanent residence could be directly affected. The result could either expand or limit their path to a green card.

What should readers watch for next in this case?

Watch for the Supreme Court to schedule oral argument or take another procedural step. Until then, there is no decision timeline to report.

Decision

Decision record

What the Court decided

This case is about whether TPS can open a path to lawful permanent residence for people who originally entered without permission.

Impact

The answer could affect TPS recipients who want green cards through family or work. For example, someone with TPS who has lived in the U.S. for years could face a major barrier to permanent status if TPS does not count as a lawful entry.

Not official Court text.

Opinion documents

Timing

Decided June 7, 2021

The Court released its decision on June 7, 2021 without hearing oral argument.