St. Pierre v. Nielsen
St. Pierre v. Nielsen
Opinion of the Court
Before the Court is Defendants Kirstjen Nielsen, Chad A. Readler, William C. Peachey, and Jeffrey S. Robins' (collectively referred to herein as "Defendants") motion to dismiss Plaintiff Frantzy St. Pierre's ("Plaintiff") amended complaint pursuant to *435Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 8.) For the reasons that follow, the Court will grant the motion.
I. BACKGROUND
A. Procedural Background
Plaintiff initiated the above-captioned action on July 31, 2017 by filing a complaint against Defendants pursuant to the Administrative Procedure Act ("APA"),
On July 2, 2018, after reviewing "the amended complaint, the parties' briefing, and the relevant authorities" and concluding that "disposition of Defendants' motion to dismiss [was] unwarranted because the record presently before the Court [was] insufficient so as to permit the Court to examine the propriety of USCIS' denial of Plaintiff's application to adjust status[,]" the Court ordered the parties to file supplemental briefing addressing certain issues identified by the Court in relation to the motion to dismiss, and directed the parties to submit "the full administrative record pertaining to Plaintiff's I-485 application to adjust status with USCIS." (Doc. No. 24). The parties having complied with the Court's directive (Doc. Nos. 25, 26, 27, 28), Defendants' motion is now ripe for disposition.
B. Factual Background
1. Allegations in the Amended Complaint
Plaintiff is an adult Haitian citizen and national currently residing in Harrisburg, Pennsylvania. (Doc. No. 17 ¶ 6.) Defendants, all of whom are named in their *436official capacities, include the acting director of the Department of Homeland Security ("DHS") and various individuals employed by USCIS. (Id. ¶¶ 7-10.) Plaintiff's allegations stem from USCIS' January 28, 2016 denial of his I-485 application for adjustment of status to that of a permanent resident. (Id. ¶ 18.)
Plaintiff entered the United States through Miami, Florida in September of 2009 pursuant to a C1/D visa issued to him on July 27, 2009 (id. ¶¶ 11-12), which indicates that Plaintiff was employed as a janitor for a cruise line known as Celebrity Cruises (Doc. Nos. 10 at 2-3, 17-1 at 1).
In January of 2015, Plaintiff married Olguine St. Pierre, a United States citizen who subsequently "filed an I-130 Petition for Alien Relative" that was approved by USCIS.
On January 28, 2016, USCIS informed Plaintiff that it was denying his I-485 application to adjust status on the *437basis that "Plaintiff's entry [into the United States] as an alien crewman barred his adjustment of status." (Id. ¶ 18.) Plaintiff moved for USCIS to "reconsider its decision and/or reopen the case to receive additional evidence," and USCIS denied this motion in a letter dated May 30, 2017.
The amended complaint sets forth one count against Defendants, alleging a violation of the APA,
First, Plaintiff has met all three of the substantive requirements for adjustment ... in that (1) he has made an application for such adjustment, (2) he is and was eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa was immediately available to him at the time his application was filed. Second, Plaintiff is not an "alien crewman" for the purposes of [S]ection 1255(c). Third, 8 U.S.C. § 1254a(f)(4) provides that "for purposes of adjustment of status under [8 U.S.C. § 1255 ] ... the alien [with TPS] shall be considered as being in, and maintaining, lawful status as a nonimmigrant."
(Id. ¶ 23) (third and fourth alterations in original). According to Plaintiff, "Defendants failed to enforce and administer the provisions of 8 U.S.C. §§ 1254a and 1255(a) in conformance with the law," and "acted arbitrarily, capriciously, and contrary to law in violation of the [APA] by denying Plaintiff's I-485 application to adjust status." (Id. ¶¶ 24-25.) Finally, Plaintiff alleges that he has exhausted all applicable administrative remedies and "has no other recourse to judicial review other than by this action." (Id. ¶¶ 26-27.)
2. Exhibits to the Amended Complaint
Plaintiff's amended complaint is accompanied by six exhibits. Exhibit 1 is a copy of Plaintiff's visa, which includes a C1/D designation (Doc. No. 17-1), while Exhibit 2 consists of a copy of Plaintiff's I-94 arrival/departure record (Doc. No. 17-2).
II. LEGAL STANDARD
A. Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6)
Federal notice and pleading rules require the complaint to provide the defendant *438notice of the claim and the grounds upon which it rests. Phillips v. Cty. of Allegheny,
When ruling on a motion to dismiss under Rule 12(b)(6), the Court must accept as true all factual allegations in the complaint and all reasonable inferences that can be drawn from them, viewed in the light most favorable to the plaintiff. See In re Ins. Brokerage Antitrust Litig.,
Accordingly, to determine the sufficiency of a complaint under Twombly and Iqbal, the United States Court of Appeals for the Third Circuit has identified the following steps a district court must take when determining the sufficiency of a complaint under Rule 12(b)(6) : (1) identify the elements a plaintiff must plead to state a claim; (2) identify any conclusory allegations contained in the complaint "not entitled" to the assumption of truth; and (3) determine whether any "well-pleaded factual allegations" contained in the complaint "plausibly give rise to an entitlement to relief." See Santiago v. Warminster Twp.,
In ruling on a Rule 12(b)(6) motion to dismiss for failure to state a claim, "a court must consider only the complaint, exhibits attached to the complaint, matters of public record, as well as undisputedly authentic documents if the complainant's claims are based upon these documents." Mayer v. Belichick,
B. Action Alleging a Violation of the APA
Under the APA, "the reviewing court shall ... hold unlawful and set aside agency action, findings, and conclusions found to be ... arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." See *439
III. DISCUSSION
The issue before the Court is whether USCIS properly denied Plaintiff's application for adjustment of status in light of its determination that Plaintiff initially entered the United States as an alien crewman under the INA. In evaluating the propriety of USCIS' decision, the Court must determine whether Plaintiff's TPS designation subsequent to his entry into the United States permits him to overcome the bar to adjustment of status for alien crewmen.
A. Relevant Statutory and Regulatory Provisions
1. Adjustment of Status and Prohibition on Adjustment for Alien Crewmen
Section 1255 of the INA provides that an alien's status may be adjusted to that of a person admitted for permanent residence "if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed." See
The corresponding regulatory framework provides that while alien crewmen are generally ineligible for such adjustment of status, certain limited circumstances may allow for adjustment of status. See
the alien establishes eligibility under the provisions of [S]ection 245(i) of the Act and § 245.10, is not included in the categories of aliens prohibited from applying for adjustment of status listed in § 245.1(c), is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status.
2. TPS
TPS is a classification made by DHS as to a foreign country "due to conditions in the country that temporarily prevent the country's nationals from returning [to the country] safely, or in certain circumstances, where the county is unable to handle the return of its nationals adequately." See U.S. Citizenship and Immigration Services, Temporary Protected Status, DEP'T OF HOMELAND SEC. , https://www.uscis.gov/humanitarian/temporary-protected-status (last visited Nov. 13, 2018). A TPS recipient "cannot be detained by DHS on the basis of his or her immigration status in the United States." See
B. Applicable Case Law
Although the United States Court of Appeals for the Third Circuit has not confronted the precise issue presented by the instant action, the Third Circuit has deemed alien crewmen ineligible for adjustment of status based on the INA's prohibition on adjustment of status for alien crewmen in prior non-precedential decisions. See Chica-Roman v. Attorney Gen.,
The specific question of whether an individual who enters the United States as an alien crewman and is subsequently granted TPS remains barred from later adjusting status, however, has been examined in only one instance outside the context of the above-captioned action. In Guerrero v. Johnson, the United States District Court for the Eastern District of Louisiana concluded that the INA's bar to adjustment of status does not apply to an alien crewman who subsequently receives TPS and, therefore, "USCIS erred in denying [the plaintiff's] I-485 application on statutory grounds." See Guerrero v. Johnson,
Finding these arguments persuasive, the district court stated that "Congress' plain intent in § 1254(a)(f)(4) was to clear the way for persons with [TPS] to seek adjustment pursuant to § 1255, notwithstanding any prior status, so long as they satisfy the other requirements listed in § 1255(a)." See
*442Following an appeal, the United States Court of Appeals for the Fifth Circuit reversed the district court's entry of summary judgment in favor of Guerrero on the basis that Guerrero's application to adjust status was properly denied because his receipt of TPS "cannot change the historical fact that he last entered the country as an alien crewman, bringing him within § 1255(c)(1)'s ambit and excluding him from § 1255(a)." See Guerrero II, 742 Fed.Appx. at 794. As an initial matter, the court concluded that Guerrero met the definition of "alien crewman" under Section 1255(c)(1), reasoning that USCIS' interpretation of the term is both "functional" in that it "calls for a factual assessment of [Guerrero's] purpose at the time of his latest entry" into the United States and "retrospective" because "[i]t looks only to the facts as they existed at the time of the applicant's last entry." See id. at 797.
Turning to the question of whether Guerrero's subsequent receipt of TPS permitted him to adjust his status, despite being considered an alien crewman, the court explicitly rejected Guerrero's argument that his grant of TPS permits him to adjust his status, irrespective of him being considered an alien crewman upon entering the United States. Specifically, the court noted that "[c]learly it is possible to maintain 'lawful status as a nonimmigrant' without being 'an alien crewman' (and vice versa)[,]" commenting that "the two concepts are ships passing in the night" and concluding that "[w]ithout a passable textual hook, Guerrero's atextual reading of [the TPS] statute fails." See id. at 799. As to the statutory analysis conducted by the district court in Guerrero I, the court of appeals rejected the district court's conclusion "that it would be 'unreasonable' to require Congress specifically to amend §§ 1255(c)(1) and 1254(a)(f)(4) to accommodate alien crew-members with TPS" in light of "the TPS statute's 'humanitarian aims' " on the basis that "courts 'ha[ve] no roving license ... to disregard clear language simply on the view that ... Congress must have [or, as a policy matter, should have] intended something broader.' " See id. at 800 (alterations in original) (internal quotation marks omitted) (quoting Michigan v. Bay Mills Indian Cmty.,
C. Whether Plaintiff is an Alien Crewman for Purposes of Adjustment of Status
1. Arguments of the Parties
Plaintiff maintains that he is not an alien crewman for purposes of adjustment of status under the INA, pointing to the INA's definition of an "alien" as "any person not a citizen or national of the United States," as well as its definition of "crewman" as "a person serving in any capacity on board a vessel or aircraft." (Doc. No. 13 at 5) (quoting
In support of their motion to dismiss, Defendants maintain that Plaintiff's arrival documentation demonstrates that his "sole admission into the United States was as an alien crewman." (Doc. No. 20 at 3-4) (citing Doc. No. 1, Ex. 3). Additionally, Defendants cite case law in which courts have denied adjustment of status to an alien who entered the United States with a C-1 nonimmigrant visa, as well as the relevant regulatory provision, which states that "[a]ny alien who, on arrival in the United States was serving in any capacity on board a vessel or aircraft, or was destined to join a vessel or aircraft in the United States to serve in any capacity thereon" is barred from adjusting his status. (Id. at 4) (citing
2. Whether Plaintiff is an Alien Crewman
Having considered the arguments advanced by the parties in connection with Defendants' motion to dismiss, and upon review of the allegations in the amended complaint, the Court concludes that Plaintiff is an "alien crewman" for purposes of his application to adjust status. Although the amended complaint states that Plaintiff "is not an alien crewman for the purposes of [S]ection 1255(c)" (Doc. No. 17 ¶ 23) (internal quotation marks omitted), such a statement constitutes a legal conclusion that is not entitled to a presumption of truth under the standard applicable to a court's analysis of a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). See, e.g., Iqbal,
The exhibits accompanying the amended complaint further demonstrate that Plaintiff was admitted to the United States as an alien crewman. Plaintiff received a C1/D visa upon his arrival in the United States, which includes an annotation for "Celebrity Cruises."
D. The Impact of Plaintiff's Subsequent Receipt of TPS on His Ability to Adjust Status
1. Arguments of the Parties
Plaintiff argues that "[e]ven if he is an alien crewman, his TPS overcomes the crewmen bar" to adjustment of status. (Doc. No. 13 at 10.) In support, Plaintiff maintains that "this Court should extend the holdings of other decisions in which courts have held that the receipt of TPS is sufficient to trigger eligibility for adjustment of status" on its own, regardless of whether Plaintiff may be considered an alien crewman. (Id. ) According to Plaintiff, "the plain meaning of [S]ubsection 1254a(f)(4) ... speaks to all of [S]ection 1255, not to any one part of [S]ection 1255 in particular," and therefore, "TPS operates to overcome any and all threshold barriers to admission." (Id. ) Further, Plaintiff asserts that "if Congress meant to bar crewmen with TPS from adjusting [status], it could easily have said so when it created TPS." (Id. at 10-11.) Plaintiff also states that "the policy reasons for allowing unadmitted and uninspected aliens to adjust [status] hold for alien crewmen." (Id. at 11) (citing Guerrero I,
In contrast, Defendants maintain that Plaintiff's subsequent receipt of TPS does not permit him to overcome the statutory prohibition on adjustment of status for alien crewmen. (Doc. Nos. 10, 20.) Specifically, Defendants argue that "Congress has clearly demonstrated that certain *445aliens remain subject to the terms of their admission, even after remaining beyond the authorized period of that admission." (Doc. No. 10 at 15-16) (citing Bradley v. Attorney Gen.,
2. Whether Plaintiff's Subsequent Receipt of TPS Permits Him to Overcome the Bar to Adjustment of Status for Alien Crewmen
The Court concludes that USCIS correctly denied Plaintiff's application to adjust status because Plaintiff's subsequent receipt of TPS does not permit him to overcome the prohibition on adjustment of status for alien crewmen. As an initial matter, because the issue presented by Plaintiff's claim is one of statutory interpretation, the Court's analysis "begins with an examination of the plain language of the statute." See Alston v. Countrywide Fin. Corp.,
Further, the analysis herein is consistent with other case law within the Third Circuit reaffirming the prohibition on adjustment of status for alien crewmen. See Chica-Roman,
IV. CONCLUSION
Based on the foregoing, the Court will grant Defendants' motion to dismiss Plaintiff's amended complaint in its entirety. An appropriate Order follows.
See, e.g., Macelus v. Capital Collection Serv., No. 17-cv-2025,
Unless otherwise noted, the facts discussed herein are derived from Plaintiff's amended complaint. (Doc. No. 17.) The Court limits its discussion of the factual background to those allegations relevant to the motion presently before the Court.
Nonimmigrant visa categories include, inter alia, a "D" visa, which is considered by USCIS to be a "crewmember" visa, and a "C" visa, which is a visa for "transiting the United States." See, e.g., U.S. Department of State - Bureau of Consular Affairs , Directory of Visa Categories, https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html (last visited Nov. 13, 2018).
If a country is designated for TPS, nationals of that country may remain in the United States "if certain temporary conditions, such as armed conflict or environmental disaster, make safe return impossible." See Katherine Buckel, Developments in the Executive Branch, Geo. Immigr. L.J. 379, 379 (2010) (describing TPS program and noting that following major earthquake in Haiti in 2010, the TPS program was announced with respect to Haitian nationals present in the United States).
"A United States citizen who seeks to gain lawful permanent resident status for an eligible family member must begin the process by filing an I-130 petition with USCIS on behalf of an alien who is an 'immediate relative.' " Robinson v. Napolitano,
Along with the I-130 petition for an alien relative, the I-485 application to adjust status is one of "the two required forms for applying for lawful permanent residency based on a family relationship to a United States citizen." Bozilovic v. Holder, No. 15-cv-91,
As noted in the amended complaint, "[t]hough the denial of an I-485 application is generally unappealable, USCIS does allow aliens to move to reconsider the decision or reopen the case for the submission of new evidence." (Doc. No. 17 ¶ 18.) In addition, the denial of the motion for reconsideration/motion to reopen by USCIS is not appealable. (Id. ¶ 19.)
Further, "Plaintiff is currently employed at an Amazon.com warehouse in Carlisle, Pennsylvania," and also "works on the weekends at a home in New York City caring for developmentally disabled children." (Id. ¶ 20.)
"The I-94 Form is an arrival/departure record issued by a Customs and Border Protection ... officer to foreign visitors entering the United States." Bower v. Egyptair Airlines Co.,
Since the commencement of this action, DHS has announced that "[t]he designation of Haiti for TPS is terminated effective at 11:59 p.m., local time, on July 22, 2019." See Termination of the Designation of Haiti for Temporary Protected Status,
This Court refers to the district court's opinion in Guerrero v. Johnson,
In addition to denying the defendants' motion to dismiss, the district court ordered the defendants to show cause why the court should not grant summary judgment in favor of the plaintiff sua sponte pursuant to Federal Rule of Civil Procedure 56(f)(3). See Guerrero I,
Although Exhibit 1 to Plaintiff's amended complaint indicates that Plaintiff's crewman status pertained to Plaintiff's employment with "Celebrity Cruises" (Doc. No. 17-1), neither the amended complaint (Doc. No. 17), nor Plaintiff's opposition brief (Doc. No. 13), refers to any employment on the part of Plaintiff on a cruise line. However, as noted by Defendants in their supporting brief, which cites USCIS' decision denying Plaintiff's motion for reconsideration, Plaintiff "was specifically 'employed as a janitor on Celebrity Cruises' on September 6, 2009." (Doc. No. 10 at 2-3) (quoting Doc. No. 1-7 at 2).
See supra note 4; see also, e.g., Moulton v. Attorney Gen.,
In Sarup, an Indian national petitioned the district court to review a decision of the BIA affirming the immigration judge's decision to pretermit his application to adjust status "because he was barred from such relief as an alien crewman." See Sarup,
Plaintiff's arguments against dismissal are further weakened by the fact that one may, as Plaintiff does, be considered an alien crewman under the INA and possess TPS simultaneously, which the court recognized in Guerrero II. See Guerrero II,
Reference
- Full Case Name
- Frantzy ST. PIERRE v. Kirstjen NIELSEN, Acting Secretary of the Department of Homeland Security
- Status
- Published