UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JANE DOE, et al., Plaintiffs, v. MIKE POMPEO, et al., Case No. 1:20-cv-00065 (TNM) Defendants. MEMORANDUM OPINION Jane Doe and her children are trying to escape her abusive husband in Iran. They became Green Card holders in 2013, but he has secreted their Cards since the family returned to Iran in 2015. They ask the Court to order the Government to provide them authorization to travel to a port of entry, where they could have an admissibility hearing. They acknowledge that the Government has procedures in place for obtaining this sort of authorization. They contend, however, that none of the available procedures would afford them due process. And they claim that, as permanent residents, they have a constitutional right to due process before the Government can deny them admission. The Court finds, however, that Doe and her children do not have this constitutional right, given how long they have been outside the United States. Thus, while the Court is mindful of the hardships that Doe and her children face, it cannot grant the relief that they seek. The Court will enter judgment for the Government. I. A. Before turning to the facts of this case, a brief review of the relevant statutory framework is in order. Under federal law and regulations, a Green Card confers certain limited privileges. Green Card holders are aliens who have been “lawfully admitted for permanent residence.” 8 U.S.C. § 1101(a)(20). This means “the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.” Id. (emphasis added). So the very definition of “permanent” residence contemplates that this status is not necessarily permanent—it can change. One way it changes is if a Green Card holder stops living in the United States, i.e., departs the country “for more than a ‘temporary visit abroad.’” United States v. Yakou, 428 F.3d 241, 248– 49 (D.C. Cir. 2005) (quoting 8 U.S.C. § 1101(a)(27)(A)). And while Green Card holders can generally come and go from the country more readily than nonresident aliens, there are restrictions. As a default rule, when Green Card holders travel abroad and then return, they are “not . . . regarded as seeking an admission into the United States,” so they can reenter without undergoing “inspection and authorization by an immigration officer.” 8 U.S.C. § 1101(a)(13)(A), (C). But there are several exceptions. For example, they must go through this process if they have “abandoned or relinquished” their permanent resident status. Id. § 1101(a)(13)(C)(i). So too if they were abroad “for a continuous period in excess of 180 days.” Id. § 1101(a)(13)(C)(ii). Green Card holders seeking admission typically must present one of several documents. 8 C.F.R. § 211.1(a). An unexpired Green Card counts, but only if the holder “is seeking readmission after a temporary absence of less than 1 year.” Id. § 211.1(a)(2). Another option is 2 a “Form I-327, Permit ...
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