Bonilla v. Johnson, 149 F. Supp. 3d 1135

Bonilla, a Salvadoran national who entered the U.S. without inspection in 1991, was granted Temporary Protected Status (TPS) beginning in 2007 and has timely renewed it.
Her U.S. citizen adult daughter filed an I-130 on February 21, 2014; Bonilla concurrently applied to adjust status to lawful permanent resident (Form I-485 under 8 U.S.C. § 1255).
USCIS requested evidence of a lawful admission or parole and subsequently denied the I-485 because Bonilla had not shown she was inspected and admitted or paroled.
Central legal question: whether 8 U.S.C. § 1254a(f)(4) — which treats TPS beneficiaries "for purposes of adjustment" as "in, and maintaining, lawful status as a nonimmigrant" — satisfies the § 1255(a) threshold that an applicant be "inspected and admitted or paroled."
District court found no material factual dispute and resolved the issue as a question of statutory interpretation under Chevron, holding § 1254a(f)(4) unambiguously satisfies the § 1255(a) admission/parole prerequisite.
Court reversed USCIS, granted Bonilla summary judgment, denied the government’s motion, and remanded for further proceedings consistent with the opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether TPS under § 1254a(f)(4) satisfies § 1255(a)’s "inspected and admitted or paroled" threshold	§ 1254a(f)(4) expressly makes TPS beneficiaries "considered as being in, and maintaining, lawful status as a nonimmigrant" for purposes of § 1255, thus satisfying the admission/parole prerequisite	"Admission" must be read narrowly; TPS does not constitute an admission/post-entry admission must be via adjustment or other specified mechanisms; agency interpretation requires deference	Court held § 1254a(f)(4) unambiguously satisfies § 1255(a)’s admission/parole requirement and reversed USCIS

Flores v. U.S. Citizenship and Immigration Servs., 718 F.3d 548 (6th Cir.) (statute permits TPS beneficiaries to be considered in lawful nonimmigrant status for adjustment)
Medina v. Beers, 65 F. Supp. 3d 419 (E.D. Pa.) (TPS grant satisfies § 1255 admission requirement where entry without inspection was disclosed)
Roberts v. Holder, 745 F.3d 928 (8th Cir.) (discussed by government but addressed a different statutory context concerning post-entry admission and criminal waiver)
Serrano v. United States Attorney General, 655 F.3d 1260 (11th Cir.) (contrary Eleventh Circuit decision; distinguished on facts and disclosure)
U.S. v. Ochoa-Colchado, 521 F.3d 1292 (10th Cir.) (noting TPS allows an alien to be considered as in lawful nonimmigrant status for limited purposes)
Nat’l Cable & Telecomms. Ass’n v. Brand X Internet Servs., 545 U.S. 967 (2005) (describing limits of agency deference when statute is unambiguous)