Legal Opinion

Fernandez-Vargas v. Ashcroft

Court of Appeals for the Tenth Circuit

Decided January 12, 2005No. 03-9610PublishedCited by 26 opinions

1Opinion of the Court

McCONNELL, Circuit Judge.

This case turns upon the application of two statutes. 1 The first statute is § 245(i) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255®, which allows an alien who entered the United States without inspection to apply to become an alien lawfully admitted for permanent residence, if a petition for classification under INA § 204, 8 U.S.C. § 1154, (including a relative visa petition) was filed on his or her behalf before April 30, 2001. 2

The second statute is INA § 241(a)(5), 8 U.S.C. § 1231(a)(5) (referred to at times throughout as the “reinstatement…

2Cases cited16 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Lindh v. MurphySupreme Court of the United States · 1997
  3. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  4. Arevalo v. AshcroftCourt of Appeals for the First Circuit · 2003
  5. Lattab v. AshcroftCourt of Appeals for the First Circuit · 2004

11 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Fernandez-Vargas v. GonzalesSupreme Court of the United States · 2006
  2. Gonzales v. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2007
  3. Lorenzo v. MukaseyCourt of Appeals for the Tenth Circuit · 2007
  4. M. Fatima Guijosa De Sandoval v. U.S. Atty. Gen.Court of Appeals for the Eleventh Circuit · 2006
  5. Luna-Garcia v. HolderCourt of Appeals for the Tenth Circuit · 2015

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API