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HOLDER v. GUITIERREZ

Docket No.: 10-1542
Certiorari Granted: 09/27/11
Argued: February 21, 2012
Decided: 05/21/12
Consolidated with: 10-1543

Topics:

212(c) of the Immigration and Nationality Act, IIRIRA, Immigration and Nationality Act, Natural Resources, immigration, patent

PartyNames: Eric H. Holder, Jr., Attorney General v. Carlos Martinez Gutierrez
Petitioner: Eric H. Holder, Jr., Attorney General
Respondent: Carlos Martinez Gutierrez

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 411 Fed. Appx. 121

Eric H. Holder, Jr., Attorney General
v.
Carlos Martinez Gutierrez
Question Presented:

1. Whether a parent's years of lawful permanent resident status can be imputed to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. 1229b(a)(1)'s requirement that the alien seeking cancellation of removal have "been an alien lawfully admitted for permanent residence for not less than 5 years." 2. Whether a parent's years of residence after lawful admission to the United States can be imputed to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. 1229b(a)(2)'s requirement that the alien seeking cancellation of removal have "resided in the United States continuously for 7 years after having been admitted in any status."

Question:

1. Can a parent's years of lawful permanent resident status be applied to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. 1229b(a)(1)'s requirement that the alien seeking cancellation of removal have "been an alien lawfully admitted for permanent residence for not less than 5 years"? 2. Can a parent's years of residence after lawful admission to the United States can be applied to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. 1229b(a)(2)'s requirement that the alien seeking cancellation of removal have "resided in the United States continuously for 7 years after having been admitted in any status"?

HOLDER v. GUITIERREZ
ORAL ARGUMENT

02/21/12

Listen to Oral Argument in HOLDER v. GUITIERREZ
Holding: reversed and remanded
Vote: 9-0
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