Proyecto San Pablo v. Immigration & Naturalization Service
Opinion
Lead Opinion
Fletcher, J.
Plaintiffs, a class of noncitizens whom the Immigration and Naturalization Service (INS) deems are unlawfully present in the United States, appeal the district court’s order dismissing for lack of subject matter jurisdiction their complaint against the INS. Plaintiffs contend that the district court erred in concluding that it lacked jurisdiction over their constitutional and statutory challenges to the procedures followed by the INS in administering a legalization program under the Immigration Reform and Control Act of 1986, Pub.L. No. 99-603, 100 Stat. 3359, 8 U.S.C. § 1255a (IRCA). We reverse in part, affirm in part, and remand.
Background
I. IRCA and the Legalization Application Process
IRCA established a scheme under which certain aliens unlawfully present in the United States can apply to become legal residents. The scheme allows aliens to apply first for lawful temporary resident status, and then, after a one-year wait, for permanent residency. See generally 8 U.S.C. § 1255a. This process is known as “legalization.”
The general eligibility requirements for legalization are fourfold. Legalization applicants must have: (1) applied for legalization during a twelve month…