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Keywords

statuteprecedentimmigration law
statuteimmigration law

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Saldivar v. Sessions

Facts

Saldivar entered the United States in 1993 as a ten-year-old child when he was 'waved through inspection' by an officer at the port of entry in San Ysidro, California. In 2001, he married a U.S. citizen and later adjusted his status to lawful permanent resident in 2006. However, after being convicted of drug-related offenses in 2012, the Department of Homeland Security initiated removal proceedings against him, leading to the BIA's determination that he was ineligible for cancellation of removal.

Saldivar entered the United States in 1993 as a ten-year-old child when he was 'waved through inspection' by an officer at the port of entry in San Ysidro, California.

Issue

Whether Saldivar was 'admitted in any status' for the purposes of eligibility for cancellation of removal under 8 U.S.C. 1229b(a)(2).

Whether Saldivar was 'admitted in any status' for the purposes of eligibility for cancellation of removal under 8 U.S.C. 1229b(a)(2).

Rule

The phrase 'in any status' in 8 U.S.C. 1229b(a)(2) includes all statuses recognized by immigration laws, whether lawful or unlawful.

The phrase 'in any status' in 8 U.S.C. 1229b(a)(2) includes all statuses recognized by immigration laws, whether lawful or unlawful.

Analysis

The court determined that Saldivar's admission in 1993, although unlawful, constituted an admission 'in any status' as defined by the statute. The court rejected the BIA's interpretation that only lawful admissions qualify, emphasizing that the plain meaning of 'any status' encompasses both lawful and unlawful statuses. The court noted that the BIA's interpretation was inconsistent with the statutory language and precedent.

The court determined that Saldivar's admission in 1993, although unlawful, constituted an admission 'in any status' as defined by the statute.

Conclusion

The court granted Saldivar's petition for review, vacated the BIA's order, and remanded the case for further proceedings consistent with its opinion.

The court granted Saldivar's petition for review, vacated the BIA's order, and remanded the case for further proceedings consistent with its opinion.

Who won?

Saldivar prevailed in the case because the court found that he met the statutory requirements for cancellation of removal, contrary to the BIA's conclusion.

Saldivar prevailed in the case because the court found that he met the statutory requirements for cancellation of removal, contrary to the BIA's conclusion.

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