Hassan

Background

In January 2002, while physically present in the United States, Hassan applied for adjustment of status to lawful per- manent resident pursuant to section 245 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255(a). In October 2004, the government had not yet acted on his application, so he filed this mandamus action in the United States District Court to compel the government to act on the application. In 2005, the government questioned him about possible ties to a group the government suspected of having links to terrorists.

While his adjustment application was still pending, Hassan traveled outside the United States to Saudi Arabia. He received a travel document from the government, Form I-512, commonly referred to as an “advance parole.” It granted him permission to return to the United States, so long as his appli- cation for adjustment remained pending. While Hassan was abroad, the government denied his adjustment application and revoked the advance parole. When he attempted to return to the United States, he was denied admission, placed in expe- dited removal proceedings, and removed. He then amended his complaint in this action to challenge the…