Legal Opinion
Concepcion Padilla-Caldera v. Alberto R. Gonzales, United States Attorney General
Court of Appeals for the Tenth Circuit
Decided June 19, 2006No. 04-9573PublishedCited by 28 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
We examine two contradictory provisions of the Immigration Code, 8 U.S.C. § 1182(a)(9)(C)(i)(I) and 8 U.S.C. § 1255®, to determine whether the Attorney General has the discretion to adjust the status of certain aliens who have illegally reentered the United States after having been unlawfully present in this country for an aggregate period of more than a year. We cannot follow the dictates of both sections. The Immigration Judge (“IJ”) below concluded that § 1182(a)(9)(C)(i)(I) controlled and that he therefore lacked discretion to consider Concepcion Padilla-Caldera’s…
2Cases cited9 opinions
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Smith v. RobinsonSupreme Court of the United States · 1984
- Watt v. AlaskaSupreme Court of the United States · 1981
- Philbrook v. GlodgettSupreme Court of the United States · 1975
- Chickasaw Nation v. United StatesSupreme Court of the United States · 2001
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Francisco Garfias-Rodriguez v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2012
- Gutierrez-Brizuela v. LynchCourt of Appeals for the Tenth Circuit · 2016
- BRIONESBoard of Immigration Appeals · 2007
- In Re FugerUnited States Bankruptcy Court, D. Utah · 2006
- Ribas v. MukaseyCourt of Appeals for the Tenth Circuit · 2008
23 more not listed; retrieve them via the Exa API.