Legal Opinion

Duran Gonzales v. U.S. Department of Homeland Security

Court of Appeals for the Ninth Circuit

Decided October 25, 2011No. 09-35174PublishedCited by 11 opinions

1Opinion of the Court

OPINION

CALLAHAN, Circuit Judge:

Aurelio Duran Gonzalez, along with six individuals (“Plaintiffs”), voluntarily filed applications for adjustment of status, thus disclosing that they were aliens who had been removed and had reentered the United States without inspection. They did this in reliance on the Ninth Circuit’s opinion in Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir.2004), wherein the court purportedly held that individuals like Plaintiffs were eligible for relief. The district court certified Plaintiffs’ proposed class and issued a preliminary injunction.

The government appealed,…

2Cases cited28 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Padilla v. KentuckySupreme Court of the United States · 2010
  3. Griffith v. KentuckySupreme Court of the United States · 1987
  4. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  5. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005

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3Cited by11 opinions

  1. Francisco Garfias-Rodriguez v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2012
  2. Blajro v. CitizenshipCourt of Appeals for the Ninth Circuit · 2015
  3. Francisco Garfias-Rodriguez v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2012
  4. Aurelio Duran Gonzalez v. U.S. Department of Homeland SeCourt of Appeals for the Ninth Circuit · 2013
  5. Aurelio Duran Gonzalez v. U.S. Department of Homeland SeCourt of Appeals for the Ninth Circuit · 2013

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