Sanchez v. Mayorkas
View Official PDFSummary
A short, plain-English overview of Sanchez v. Mayorkas.
In Sanchez v. Mayorkas, the Supreme Court addressed whether a Temporary Protected Status (TPS) recipient who entered the United States unlawfully is eligible for lawful permanent resident (LPR) status under § 1255. The Court found that TPS does not equate to lawful admission and does not fulfill the admission requirement for LPR status. The Third Circuit's decision was affirmed, maintaining that unlawful entry precludes eligibility for LPR status despite TPS.
Holding
The single most important “bottom line” of what the Court decided in Sanchez v. Mayorkas.
The Court held that a TPS recipient who entered the United States unlawfully is not eligible for LPR status under § 1255 merely by having TPS.
Key Quotes
Short excerpts from the syllabus in Sanchez v. Mayorkas that support the summary and concepts above.
A TPS recipient who entered the United States unlawfully is not eligible under § 1255 for LPR status merely by dint of his TPS.
Lawful status and admission are distinct concepts in immigration law, and establishing the former does not establish the latter.
The immigration laws nowhere state that admission is a prerequisite of nonimmigrant status.
