Wednesday, June 20th, 2018

CA11 on Cuban Adjustment Act: Silva-Hernandez v. USCIS

"This appeal presents an issue of statutory interpretation arising from the Cuban Adjustment Act of 1966 (CAA), Pub. L. No. 89-732, 80 Stat. 1161 (reproduced as a historical note to 8 U.S.C. § 1255).  Camila Silva-Hernandez contends that the pattern and practice delineated in Section 23.11(m)(2) of the United States Citizenship and Immigration Services (Immigration Service) Adjudicator’s Field Manual violates the plain and unambiguous language of the CAA. Section 23.11(m)(2) dictates that the lawful permanent resident status of a non-Cuban spouse cannot predate the date of the non-Cuban spouse’s marriage to a Cuban national.  After reviewing the statutory language, we conclude the Immigration Service’s pattern and practice of limiting the date of lawful permanent residence based on the date of marriage is contrary to the unambiguous language of the CAA." –