Legal Opinion

Martinez v. Attorney General

Court of Appeals for the Third Circuit

Decided September 6, 2012No. 11-2258PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

JONES, II, District Judge.

Section 212(h) of the Immigration and Nationality Act (“INA”) expressly bars from status adjustment a non-citizen who has “previously been admitted to the United States as an alien lawfully admitted for permanent residence” but later is convicted of an aggravated felony. 8 U.S.C. § 1182(h)(l)(C)(2). This appeal presents a question of first impression in this Circuit: whether someone who was accorded the designation of “lawfully admitted for permanent residence” status upon physical entry into the United States, but who in fact did not…

2Cases cited36 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. TurketteSupreme Court of the United States · 1981
  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  4. United States v. WilsonSupreme Court of the United States · 1992
  5. Olufemi Yussef Abdulai v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2001

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3Cited by22 opinions

  1. Yajure HurtadoBoard of Immigration Appeals · 2025
  2. Juana Negrete-Ramirez v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014
  3. Gurpinder Othi v. Eric Holder, Jr.Court of Appeals for the Fourth Circuit · 2013
  4. Ayub Luziga v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2019
  5. Ramiro Tula Rubio v. Loretta LynchCourt of Appeals for the Fifth Circuit · 2015

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