Legal Opinion

Jaime Perez-Enriquez v. Alberto R. Gonzales, Attorney General

Court of Appeals for the Ninth Circuit

Decided September 15, 2006No. 03-70244PublishedCited by 20 opinions

1Opinion of the Court

WILLIAM A. FLETCHER, Circuit Judge:

The question raised by this petition is whether the admissibility of an alien under the Special Agricultural Worker (“SAW”) program is determined only as of the date of admission for lawful temporary residence under 8 U.S.C. § 1160(a)(1), or whether it is determined both as of that date and as of the date of adjustment to lawful permanent residence under § 1160(a)(2). We hold that admissibility is determined as of the date of admission for lawful temporary residence, and is not redetermined as of the date of adjustment to lawful permanent residence. We…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  4. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  5. Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002

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3Cited by20 opinions

  1. Gonzales v. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2007
  2. Castillo-Cruz v. HolderCourt of Appeals for the Ninth Circuit · 2009
  3. Morales-Izquierdo v. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2010
  4. Gallegos-Vasquez v. HolderCourt of Appeals for the Ninth Circuit · 2011
  5. KYONG HO SHIN v. HolderCourt of Appeals for the Ninth Circuit · 2010

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