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SANCHEZ v. SECRETARY U.S. DEPT. OF HOMELAND SEC.

No. 19-1311.

967 F.3d 242 (2020)

Jose Santos SANCHEZ; Sonia Gonzalez v. SECRETARY UNITED STATES DEPARTMENT OF HOMELAND SECURITY; Director United States Citizenship and Immigration Services; Director United States Citizenship and Immigration Services Nebraska Service Center; District Director United States Citizenship and Immigration Services Newark, Appellants.

United States Court of Appeals, Third Circuit.

Filed: July 22, 2020.

Attorney(s) appearing for the Case

Craig Carpenito , United States Attorney, Christopher Amore , Office of United States Attorney, 970 Broad Street, Rm 700, Newark, NJ 07102, Matthew J. Glover [Argued], Scott G. Stewart , United States Department of Justice, Civil Division, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Attorneys for Appellants.

Jaime W. Aparisi [Argued], Aparisi Law, 8630 Fenton Street, Suite 925, Silver Spring, MD 20910, Michael J. DeBenedictis , DeBenedictis & DeBenedictis, 20 Brace Road, Suite 350, Cherry Hill, NJ 08034, Attorneys for Appellees.

Mary A. Kenney [Argued], National Immigration Litigation Alliance, 10 Griggs Terrace, Brookline, MA 02446, Kristin A. Macleod-Ball , American Immigration Council, 1318 Beacon St., Suite 18, Brookline, MA 02446, Attorneys for Amicus Appellee.

Before: HARDIMAN, PORTER, and PHIPPS, Circuit Judges.

OPINION OF THE COURT

This appeal presents a question of statutory interpretation involving adjacent subsections of the Immigration and Nationality Act (INA), 8 U.S.C. § 1101 et seq.: Does the conferral of Temporary Protected Status (TPS) under § 1254a constitute an "admission" into the United States...

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