Legal Opinion

Asif Dhuka v. Eric Holder, Jr.

Court of Appeals for the Fifth Circuit

Decided May 3, 2013No. 12-60169PublishedCited by 56 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

This petition for review challenges the Board of Immigration Appeals’ determination that the petitioners could not adjust their status because for more than 180 days, they had not been in “lawful status.” We conclude the BIA properly defined “lawful status” and reasonably determined the petitioners had failed , to maintain theirs. The petition .is DENIED.

FACTS AND PROCEDURAL HISTORY

The petitioners are Asif Muhammad Dhuka, his wife Seema Dhuka, and their son, Arib. They are all citizens of Pakistan. On November 5, 2000, they were admitted to the United States…

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. Cardoza-FonsecaSupreme Court of the United States · 1987
  4. United States v. Mead Corp.Supreme Court of the United States · 2001
  5. Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999

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3Cited by56 opinions

  1. Arizona Dream Act Coalition v. Janice BrewerCourt of Appeals for the Ninth Circuit · 2014
  2. Fogo De Chao (Holdings) Inc. v. United States Department of Homeland SecurityCourt of Appeals for the D.C. Circuit · 2014
  3. Contender Farms, L.L.P. v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 2015
  4. Joel Siwe v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2014
  5. Rony Paz Calix v. Loretta LynchCourt of Appeals for the Fifth Circuit · 2015

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