In a recent ruling, the Sixth Circuit Court of Appeals denied Jose Genaro Herrera's appeal regarding his application for Temporary Protected Status (TPS). The decision impacts Herrera, a native of El Salvador, who sought to remain in the U.S. due to unsafe conditions in his home country. The court's ruling emphasizes the importance of criminal convictions in immigration cases.
The court's decision came on October 9, 2026, in case number 25-3987. The judges involved in the ruling were Chad A. Readler, Stephanie Dawkins Davis, and Rachel S. Bloomekatz. The court's opinion stated that Herrera's two misdemeanor convictions disqualified him from TPS eligibility, despite his claims that one of the convictions was no longer valid due to a repeal of the relevant ordinance.
Background
Jose Genaro Herrera, now 68, fled El Salvador in 1996 after experiencing violence and loss due to gang activity. He entered the U.S. without inspection and later faced legal challenges regarding his immigration status. His journey through the immigration system has been long and complicated, with multiple applications for TPS since it was designated for El Salvador due to unsafe conditions.
Herrera's legal troubles began with a misdemeanor conviction in 1997 for a traffic offense in Columbus, Ohio. He later faced a similar conviction in 2012. Both misdemeanors were classified as first-degree offenses, which under U.S. immigration law, disqualify individuals from receiving TPS. Despite the repeal of the ordinance under which he was convicted in 2004, Herrera argued that this should affect his eligibility for TPS.
The Ruling
The Sixth Circuit Court ruled against Herrera, stating, "Herrera’s 1997 misdemeanor conviction stands since it predates by years Section 2135.02’s repeal." The court emphasized that the repeal of the ordinance did not erase Herrera's prior convictions or their impact on his TPS application. The judges noted that the law clearly states that individuals with two or more misdemeanor convictions are ineligible for TPS.
Furthermore, the court found that Herrera's due process rights were not violated when his application was pretermitted without a hearing. The opinion stated, "IJs are not required to hold merit hearings on applications that are incomplete or where an applicant is ineligible for relief." The judges concluded that Herrera failed to demonstrate how a hearing would have changed the outcome of his case.
Impact
This ruling has significant implications for Herrera and others in similar situations. It underscores the strict eligibility requirements for TPS and the role that criminal convictions play in immigration proceedings. The decision reinforces that even if an ordinance is repealed, prior convictions can still affect a person's immigration status.
The ruling also highlights the importance of due process in immigration cases. The court's decision indicates that applicants must adequately present their cases and that failure to do so may result in unfavorable outcomes. This case may serve as a precedent for future immigration cases involving criminal convictions and TPS eligibility.
What's Next
Herrera's options for appealing this decision are limited. He may seek further legal counsel to explore any potential avenues for appeal, but the ruling from the Sixth Circuit is a significant hurdle. There is no indication of a related case pending that could affect this ruling.