Legal Opinion

Richard Gebhardt v. Elaine Duke

Court of Appeals for the Ninth Circuit

Decided January 9, 2018No. 15-56072PublishedCited by 55 opinions

1Opinion of the Court

OPINION

GRABER, Circuit Judge:

Plaintiff Richard Gebhardt, a United States citizen, filed 1-130 petitions with the United States Citizenship and Immigration Services (“USCIS”), seeking Legal Permanent Residence (“LPR”) status for his non-citizen wife and her three non-citizen children. The Secretary of Homeland Security rejected those petitions pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”). Although the 1-130 petitions would have been granted otherwise, the Adam Walsh Act amended the statute by creating an exception for petitioners who have been convicted…

2Cases cited17 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Smith v. DoeSupreme Court of the United States · 2003
  4. Landon v. PlasenciaSupreme Court of the United States · 1982
  5. Marx v. General Revenue Corp.Supreme Court of the United States · 2013

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3Cited by55 opinions

  1. Aracely v. NielsenCourt of Appeals for the D.C. Circuit · 2018
  2. Crista Ramos v. Chad WolfCourt of Appeals for the Ninth Circuit · 2020
  3. Alharbi v. MillerDistrict Court, E.D. New York · 2019
  4. Ahmed Bakran v. Secretary United States DepartCourt of Appeals for the Third Circuit · 2018
  5. Grace v. William BarrCourt of Appeals for the D.C. Circuit · 2020

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