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HERNANDEZ DE GUTIERREZ v. BARR

Civil No. 19-2495 (JRT-KMM).

489 F.Supp.3d 899 (2020)

Sandra HERNANDEZ DE GUTIERREZ & Heberth Gutierrez, Plaintiffs, v. William P. BARR, United States Attorney General; Kevin McAleenan, Acting Secretary, Department of Homeland Security; Kenneth Cuccinelli, Acting Director, U.S. Citizenship and Immigration Services; Donald Neufeld, Associate Director, Service Center Operations, U.S. Citizenship and Immigration Services; Robert 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.

United States District Court, D. Minnesota.

As Amended October 23, 2020.

Attorney(s) appearing for the Case

Brittany S. Bakken , David L. Wilson , and Kelsey Friberg , WILSON LAW GROUP, 3019 Minnehaha Avenue, Suite 200, Minneapolis, MN 55406, for plaintiffs.

P. Angel Martinez , DEPARTMENT OF JUSTICE, CIVIL DIVISION, Office of Immigration Litigation, District C, P.O. Box 868, Ben Franklin Station, Washington, DC 20044, for defendants.

AMENDED MEMORANDUM OPINION AND ORDER

This case presents the novel question of whether the Temporary Protected Status ("TPS") statute, 8 U.S.C. § 1254a, allows a person who initially entered the country without inspection but was later granted TPS to adjust their status to lawful permanent resident pursuant...

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