United States First Circuit

District court judgment for plaintiff is affirmed where plaintiff qualifies as an immediate relative spouse of a U.S. citizen under the plain language of 8 U.S.C. sec. 1151(b)(2)(A)(i) despite her husband's death, and since the statute's meaning is unambiguous, the second step of the Chevron framework does not need to be reached.

Appellate Information

• Decided 05/20/2009
• Published 05/20/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gjon Juncaj, Trial Attorney, with whom Gregory G. Katsas, Acting Assistant Attorney General, Civil Division, Thomas H. Dupree, Jr., Deputy Assistant Attorney General, David J. Kline, Director, District Court Section, Office of Immigration Litigation, and Victor M. Lawrence, Principal Assistant Director, was on brief for appellants.


• For Appellees:
  
• Thomas Stylianos, Jr., for appellee.