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United States Sixth Circuit


Lockhart v. Napolitano, 08-3321

In an action seeking adjustment to permanent U.S. resident status, summary judgment for Plaintiff is affirmed, where an alien-spouse, whose citizen-spouse filed the necessary "immediate relative" petition under 8 U.S.C. sections 1187 and 1125(c)(4), but died within two years of the qualifying marriage, qualifies as a spouse under the "immediate relative" provision of the Immigration and Nationality Act.

Appellate Information

  • Decided 04/08/2009
  • Published 04/08/2009

Judges

  • Before: COLE and GIBBONS, Circuit Judges;  BELL, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Elizabeth J. Stevens, United States Department of Justice, Washington, D.C., for Appellants.  Brent W. Renison, Parrilli Renison, Lake Oswego, Oregon, for Appellee.   ON BRIEF:  Gjon Juncaj, United States Department of Justice, Washington, D.C., for Appellants.  Barbara A. Firstenberg, Cathy M. Shibley, Law Office, Shaker Heights, Ohio, Brent W. Renison, Parrilli Renison, Lake Oswego, Oregon, for Appellee.
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