Thursday, May 31, 2012

SCOTUS resolves circuit split on imputation of parent's resident status to alien children

Last week, the U. S. Supreme Court ruled, in Holder v. Gutierrez, that reviewing courts must defer to the Board of Immigration Appeals' decision not to impute a parent's residence status to an alien child for the purposes of child's eligibility for cancellation of removal under INA Section 240A (8 U.S.C. Section 1229b).  This case is noteworthy because the federal circuits were split on whether the imputation doctrine developed under the predecessor statute, INA Section 212(c), should apply to INA Section 240A.  The BIA has refused to impute parental residence status to a child under Section 240A. The 3rd and 5th Circuits deferred to the BIA's approach, while the 9th Circuit disagreed.

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