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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

HOLDER v. GUITIERREZ
Case Documents

1HOLDER v. GUITIERREZ Oral Argument Audio
2HOLDER v. GUITIERREZ Oral Argument Transcript (HTML)
3HOLDER v. GUITIERREZ Oral Argument Transcript (PDF)
4HOLDER v. GUITIERREZ Oral Argument Audio (January 18, 2012)
5Opinion in HOLDER v. GUITIERREZ
6BRIEF FOR PETITIONER
7BRIEF FOR RESPONDENT
8BRIEF OF THE NATIONAL IMMIGRATION JUSTICE CENTER AS AMICUS CURIAE