VELASQUEZ v. BARR

Nos. 19-1148, 19-2130.

979 F.3d 572 (2020)

Leymis Carolina VELASQUEZ; Sandra Ortiz, Plaintiffs-Appellees v. William P. BARR, Attorney General of the United States; Chad F. Wolf, Acting Secretary, Department of Homeland Security; Robert M. Cowan, Director, National Benefits Center, U.S. Citizenship and Immigration Services; Leslie Tritten, Director, St. Paul Field Office, U.S. Citizenship and Immigration Services; U.S. Citizenship and Immigration Services; U.S. Department of Homeland Security; Lee Cissna, Director, U.S. Citizenship and Immigration Services; Donald Neufeld, Associate Director, Service Center Operations, U.S. Citizenship and Immigration Services, Defendants-Appellants American Immigration Council; American Immigration Lawyers Association; Northwest Immigrant Rights Project, Amici on Behalf of Appellee(s) Gilma Geanette Melgar; Aurelia Concepcion Martinez, Plaintiffs-Appellees v. William P. Barr, Attorney General of the United States; Chad F. Wolf, Acting Secretary, Department of Homeland Security; Lee Cissna, Director, U.S. Citizenship and Immigration Services; Donald Neufeld, Associate Director, Service Center Operations, U.S. Citizenship and Immigration Services; Robert M. Cowan, Director, National Benefits Center, U.S. Citizenship and Immigration Services; Leslie Tritten, Director, St. Paul Field Office, U.S. Citizenship and Immigration Services; U.S. Citizenship and Immigration Services; U.S. Department of Homeland Security, Defendants-Appellants American Immigration Lawyers Association; American Immigration Council; Northwest Immigrant Rights Project, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: October 27, 2020.


Attorney(s) appearing for the Case

Brittany Sue Bakken , Kelsey J. Friberg , David L. Wilson , Wilson Law Group, Minneapolis, MN, for Plaintiffs-Appellees.

Anna E. Juarez , Attorney, P. Angel Martinez , U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, Erin Secord , Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN, for Defendants-Appellants.

Mary A. Kenney , National Immigration Litigation Alliance, Kristin Macleod-Ball , American Immigration Council, Brookline, MA, for Amici on Behalf of Appellees.

Before LOKEN, BENTON, and KELLY, Circuit Judges.


In these consolidated cases, Appellants (collectively, the government) appeal the district courts'1 adverse grants of summary judgment. These cases present the same question of statutory interpretation: whether a noncitizen who entered this country without...

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