Legal Opinion

Alberto Mendez-Garcia v. Loretta Lynch

Court of Appeals for the Ninth Circuit

Decided October 20, 2016No. 15-71931, 13-72924PublishedCited by 30 opinions

1Opinion of the Court

Concurrence by Judge WATFORD

OPINION

IKUTA, Circuit Judge:

Alberto Mendez-Garcia’s application for cancellation of removal - claimed that his removal would result in hardship to his son, who was a United States citizen under 21 years of age at the time of the application. See 8 U.S.C. § 1229b(b)(l)(D). Mario Rivera-Baltazar’s application for cancellation of removal made the same claim with respect to his son, who was likewise a citizen who had not yet turned 21.1 While these applications were pending, the petitioners’ sons turned 21 and no longer met the statutory definition of “child,” see 8…

2Cases cited36 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  5. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001

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3Cited by30 opinions

  1. Martinez-Perez v. BarrCourt of Appeals for the Tenth Circuit · 2020
  2. Marcelo Martinez-Cedillo v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
  3. Hector Diaz-Arellano v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2024
  4. Lionel Bogle v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2021
  5. Rangel-Fuentes v. GarlandCourt of Appeals for the Tenth Circuit · 2024

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