Legal Opinion

Baraket v. Holder

Court of Appeals for the Second Circuit

Decided January 18, 2011No. Docket 09-0739-ag(L), 09-3399-ag(Con)PublishedCited by 25 opinions

1Per curiam

This case requires us to clarify whether certain passages from several of our past decisions were holdings or dicta. When an alien who is a lawful permanent resident facing removal from the United States seeks relief in the form of cancellation of removal, he must show, inter alia, that he has resided in the United States continuously for seven years. See 8 U.S.C. § 1229b(a)(2). For purposes of an application for cancellation of removal, Congress has provided that “any period of continuous residence or continuous physical presence in the United States shall be deemed to end ... when the alien…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
  3. Jean Patrick Michel v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2000
  4. Compel Arbitration Between S & R Co. of Kingston v. Latona Trucking, Inc.Court of Appeals for the Second Circuit · 1998
  5. Jones v. CoughlinCourt of Appeals for the Second Circuit · 1995

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3Cited by25 opinions

  1. Chowdhury v. Worldtel Bangladesh Holding, Ltd.Court of Appeals for the Second Circuit · 2014
  2. In Re Arab Bank, PLC Alien Tort Statute LitigationCourt of Appeals for the Second Circuit · 2015
  3. Ortiz-Franco v. HolderCourt of Appeals for the Second Circuit · 2015
  4. United States v. BohannonCourt of Appeals for the Second Circuit · 2016
  5. Huo Qiang Chen v. HolderCourt of Appeals for the Second Circuit · 2014

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