Legal Opinion
Guevara v. Holder
Court of Appeals for the Ninth Circuit
Decided June 3, 2011No. 08-72252PublishedCited by 33 opinions
1Opinion of the Court
Opinion by Judge N.R. SMITH; Dissent by Judge FISHER.
OPINION
N.R. SMITH, Circuit Judge:
The grant of employment authorization, pending the approval of adjustment of status to that of a Legal Permanent Resident (LPR) under 8 U.S.C. § 1255, does not confer admission status on an undocumented alien (one who entered without inspection or authorization and has not otherwise been admitted) for purposes of calculating seven years of continuous residence under 8 U.S.C. § 1229b(a)(2). Employment authorization, under 8 C.F.R. § 274a.l2(c), merely allows such alien the right to work while his or her…
2Cases cited17 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
- Marmolejo-Campos v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Pedro Garcia-Quintero v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
- Enrique Cuevas-Gaspar v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Arizona Dream Act Coalition v. Janice BrewerCourt of Appeals for the Ninth Circuit · 2014
- Garcia v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Lezama-Garcia v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Mashiri v. Department of EducationCourt of Appeals for the Ninth Circuit · 2013
- Jasbir Toor v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
28 more not listed; retrieve them via the Exa API.