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Pierre v. McElroy

Facts

On June 22, 2000, at the age of 19, plaintiff Vinette D. Pierre petitioned the INS for Special Immigrant Juvenile Status and applied for an adjustment of status. Although she completed her portion of the application process, she was informed by an INS official that she had 'aged out' by turning 21 on October 19, 2001, before the FBI fingerprint check was completed. The PATRIOT Act, enacted on October 26, 2001, extended the age-out date for certain applicants, including Pierre, to December 3, 2001.

On June 22, 2000, at the age of 19, plaintiff Vinette D. Pierre petitioned the INS for Special Immigrant Juvenile Status and applied for an adjustment of status. Although she completed her portion of the application process, she was informed by an INS official that she had 'aged out' by turning 21 on October 19, 2001, before the FBI fingerprint check was completed. The PATRIOT Act, enacted on October 26, 2001, extended the age-out date for certain applicants, including Pierre, to December 3, 2001.

Issue

Whether the INS was required to adjudicate the immigrant's application for special immigrant juvenile status despite her having aged out before the application was processed.

Whether the INS was required to adjudicate the immigrant's application for special immigrant juvenile status despite her having aged out before the application was processed.

Rule

Under the PATRIOT Act, an alien whose 21st birthday occurs after September 2001 and who is the beneficiary of a petition filed on or before September 11, 2001, shall be considered a child for 45 days after their birthday for purposes of adjudicating such petition.

Under the PATRIOT Act, an alien whose 21st birthday occurs after September 2001 and who is the beneficiary of a petition filed on or before September 11, 2001, shall be considered a child for 45 days after their birthday for purposes of adjudicating such petition.

Analysis

The court applied the PATRIOT Act's provisions to determine that Pierre had a right not to 'age out' due to the September 11 attacks. It emphasized that the legislation was intended to ensure that no alien would lose eligibility to immigrate as a result of the terrorist attacks. The court found that the INS had a duty to act on applications that were pending before the deadline, and since the INS had not fulfilled this duty, the court issued a temporary restraining order.

The court applied the PATRIOT Act's provisions to determine that Pierre had a right not to 'age out' due to the September 11 attacks. It emphasized that the legislation was intended to ensure that no alien would lose eligibility to immigrate as a result of the terrorist attacks. The court found that the INS had a duty to act on applications that were pending before the deadline, and since the INS had not fulfilled this duty, the court issued a temporary restraining order.

Conclusion

The court issued a temporary restraining order requiring the INS to adjudicate Pierre's application for special immigrant juvenile status.

The court issued a temporary restraining order requiring the INS to adjudicate Pierre's application for special immigrant juvenile status.

Who won?

The plaintiff, Vinette D. Pierre, prevailed because the court recognized her right under the PATRIOT Act not to 'age out' and mandated the INS to fulfill its duty to adjudicate her application.

The plaintiff, Vinette D. Pierre, prevailed because the court recognized her right under the PATRIOT Act not to 'age out' and mandated the INS to fulfill its duty to adjudicate her application.

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