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Supreme Court Upholds Matter of Escobar: Holder v. Martinez Gutierrez

May 21, 2012 (1 min read)

"An immigration statute, 8 U. S. C. §1229b(a), authorizes the Attorney General to cancel the removal of an alien from the United States so long as the alien satisfies certain criteria. One of those criteria relates to the length of time an alien has lawfully resided in the United States, and another to the length of time he has held permanent resident status here.  We consider whether the Board of Immigration Appeals (BIA or Board) could reasonably conclude that an alien living in this country as a child must meet those requirements on his own, without counting a parent’s years of residence or immigration status.  We hold that the BIA’s approach is based on a permissible construction of the statute." - Holder v. Martinez Gutierrez, May 21, 2012.

Link to Matter of Escobar, 24 I&N Dec. 231 (BIA 2007)

SCOTUSblog site with briefs, etc., here.