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Decided

Holder v. Gutierrez

Consolidated with Holder v. Sawyers (10-1543)
Docket No.10-1542
Op. Below9th Cir.
ArgumentJan 18, 2012
Vote9-0
AuthorElena Kagan
OpinionMay 21, 2012
TermOctober Term 2011
SCOTUS PageOpinion

Holding

The position of the Board of Immigration Appeals that an alien seeking cancellation of removal must individually satisfy the requirements of 8 U.S.C. § 1229b(a) " lawful permanent resident status for at least five years and at least seven years of continuous residence in the United States after a lawful admission " rather than relying on a parent"s years of continuous residence or lawful permanent resident status " is based on a permissible construction of the statute.

Judgment

Reversed and remanded, 9-0, in an opinion by Elena Kagan on May 21, 2012.

Merits Briefs for the Petitioner

Merits Briefs for the Respondent

Amicus Briefs in Support of the Respondent

[##CERT-STAGE##]

Related Coverage

Proceedings & orders timeline

Apr 14, 2011
Application (10A1012) to extend the time to file a petition for a writ of certiorari from April 24, 2011 to May 24, 2011, submitted to Justice Kennedy.
Apr 18, 2011
Application (10A1012) granted by Justice Kennedy extending the time to file until May 24, 2011.
May 13, 2011
Application (10A1012) to extend further the time to file a petition for a writ of certiorari from May 24, 2011 to June 23, 2011, submitted to Justice Kennedy.
May 17, 2011
Application (10A1012) granted by Justice Kennedy extending the time to file until June 23, 2011.
Jun 23, 2011
Petition for a writ of certiorari filed. (Response due July 25, 2011)
Jul 13, 2011
Order extending time to file response to petition to and including August 24, 2011.
Aug 24, 2011
Order further extending time to file response to petition to and including August 25, 2011.
Aug 25, 2011
Brief of respondent Carlos Martinez Gutierrez in opposition filed.
Sep 7, 2011
DISTRIBUTED for Conference of September 26, 2011.
Sep 8, 2011
Reply of petitioner Eric H. Holder, Jr., Attorney General filed. VIDED. (Distributed)
Sep 27, 2011
Petition GRANTED the petition for writ of certiorari in No. 10-1543 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Nov 14, 2011
SET FOR ARGUMENT ON Wednesday, January 18, 2012.
Nov 14, 2011
Joint appendix filed.
Nov 14, 2011
Brief of petitioner Eric H. Holder, Jr., Attorney General filed. VIDED.
Nov 18, 2011
CIRCULATED.
Nov 18, 2011
Record received from U.S.C.A. for Ninth Circuit. (1 envelope)
Dec 14, 2011
Brief of respondent Damien Antonio Sawyers filed. (Distributed)
Dec 14, 2011
Brief of respondent Carlos Martinez Gutierrez filed. (Distributed)
Dec 14, 2011
Request of counsel for the respondent to lodge copies of documents cited to in his brief on the merits.
Dec 20, 2011
Motion for divided argument filed by respondents. VIDED.
Dec 21, 2011
Brief amicus curiae of National Immigration Justice Center filed. VIDED. (Distributed)
Jan 6, 2012
Motion for divided argument filed by respondents GRANTED. VIDED.
Jan 6, 2012
Supplemental brief of respondent Carlos Martinez Gutierrez filed. (Distributed)
Jan 11, 2012
Reply of petitioner Eric H. Holder, Jr., Attorney General filed. VIDED. (Distributed)
Jan 18, 2012
Argued. For petitioner: Leondra R. Kruger, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in No. 10-1542: Stephen B. Kinnaird, Washington, D. C. For respondent in No. 10-1543: Charles A. Rothfeld, Washington, D. C.
May 21, 2012
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. VIDED.
Jun 22, 2012
JUDGMENT ISSUED.

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