Legal Opinion · Concurrence
Khoshfahm v. Holder
Court of Appeals for the Ninth Circuit
Decided August 25, 2011No. 10-71066Published
1Concurrence
SMITH, N.R., Circuit Judge,
concurring:
I write separately, because it is not necessary to speculate about potential exceptions to an imputation rule as the majority has done in section III.B of its opinion. There are no applicable exceptions to the rule in this case.
“[BJoth the BIA and this court repeatedly have held that a parent’s status, intent, or state of mind is imputed to the parent’s unemancipated minor child in many areas of immigration law, including asylum, grounds of inadmissibility, and legal residency status.” Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1024 (9th Cir.2005). This…
2Cases cited12 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Marmolejo-Campos v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Enrique Cuevas-Gaspar v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Benjamin Lepe-Guitron v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
- Dao Vang v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1998
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