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Matthew Kolken on Deportation And Removal

Supreme Court to Decide Immigration Issues this Term

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Taken from SCOTUSBlog.com



Holder v. Gutierrez (Granted) Docket: 10-1542 Issue(s): (1) Whether a parents year's 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 the requirement that the alien seeking cancellation of removal have been an alien lawfully admitted for permanent residence for not less than 5 years¯; and (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 the 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.¯


Certiorari stage documents:



Vartelas v. Holder(No. 1211): The question presented is: Whether 8 U.S.C.A. 1101(a)(13)(C)(v), which removes a legal permanent resident of his right, under Rosenberg v. Fleuti, 374 U.S. 449(1963), to make an innocent, casual, and brief¯ trips abroad without fear that he will be denied reentry, applies retroactively to a guilty plea taken prior to the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act.

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