Franika Flores v. U.S. Citizenship and Immigration Services
2013 U.S. App. LEXIS 11155
| 6th Cir. | 2013Background
- Saady Suazo is a Honduran TPS beneficiary who entered without inspection in 1998 and has lived in the U.S. for about 15 years.
- He has continuously renewed TPS since 1999, with current designation renewed through July 5, 2013.
- He is married to Stacey Suazo; they have a minor child and seek LPR status for Saady based on his wife’s I-130 and his own I-485.
- The I-130 on behalf of Suazo was approved; his separate I-485 was denied on the ground that he entered without inspection.
- USCIS moved to dismiss the Suazos’ APA and mandamus claims, and the district court dismissed, holding no jurisdiction or claim under the APA.
- The court reverses on the APA claim and remands for further APA proceedings, declining mandamus at this stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TPS §1254a(f)(4) allows adjustment under §1255 for Suazo | TPS language permits nonimmigrants to adjust. | TPS status only provides protection, not eligibility for adjustment. | Yes; §1254a(f)(4) supports adjustment under §1255. |
| Whether the district court correctly dismissed the APA claim | APA review is proper to challenge USCIS interpretation. | Agency interpretation should govern if statute is ambiguous. | Reversed; APA claim viable and remand ordered. |
Key Cases Cited
- Milner v. Dep’t of Navy, 131 S. Ct. 1259 (2011) (plain-language statutory interpretation governs; red pen approach inappropriate)
- Skidmore v. Swift & Co., 323 U.S. 134 (1944) (deference depends on persuasiveness and reasoning)
- Pub. Emps. Ret. Sys. v. Betts, 492 U.S. 158 (1989) (no deference to agency interpretations contrary to plain statute)
- CSX Transp., Inc. v. Alabama Dep’t of Revenue, 131 S. Ct. 1101 (2011) (statutory interpretation focuses on language and context)