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DURAN GONZALES v. U.S. DEPT. OF HOMELAND SEC.

No. 09-35174.

659 F.3d 930 (2011)

Aurelio DURAN GONZALES; Maria C. Estrada; Maria Luisa Martinez De Munguia; Irma Palacios De Banuelos; Lucia Muniz De Andrade; Karina Noris; Adriana Pouparina, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HOMELAND SECURITY and Janet Napolitano, Secretary of the Department of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2011.

Attorney(s) appearing for the Case

Matt Adams (argued), Northwest Immigration Rights Project, of Seattle, Trina Realmuto , Beth Werlin , American Immigration Law Foundation of Washington D.C., Marc Van Der Hout , Stacy Tolchin , Van Der Hout , Brigagliano & Nightingale of San Francisco, for the plaintiffs-appellants.

Tony West , Assistant Attorney General, David J. Kline , Elizabeth J. Stevens (argued), and Sherease Pratt , of Washington, D.C., for the defendants-appellees.

Before: WILLIAM C. CANBY, JR., BARRY G. SILVERMAN, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

Aurelio Duran Gonzalez, along with six individuals ("Plaintiffs"), voluntarily filed applications for adjustment of status, thus disclosing that they were aliens who had been removed and had reentered the United States without inspection. They did this in reliance on the Ninth Circuit's opinion in Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir.2004), wherein the court purportedly...

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