Holder v. Gutierrez (2011)
- Docket
- 10-1542
- Decided
- 2011-01-01
Summary
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"? Conclusion: No and no. Justice Elena Kagan, writing for a unanimous Court, reversed the Ninth Circuit and remanded. The Court held that the BIA reasonably construed 8 U.S. C. 1229(a) to require each alien seeking cancellation of removal to fulfill the residency requirements on their own. An unemancipated minor cannot use his or her parent's years of residency to fulfill the requirements. The Court did not decide if another construction of the statute is possible because the BIA's construction was permissible.