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United States Ninth Circuit


Shin v. Holder, 06-73782

In a petition for review of the BIA's order finding petitioners ineligible for 8 U.S.C. section 1182(k) relief because they never possessed valid immigrant visas and were not "otherwise admissible" within the meaning of the statute, the petition is granted where section 212(k) expressly made relief available to non-citizens, like petitioners, who were deemed inadmissible for lacking a valid immigrant visa at the time of entry and were not inadmissible for any other reason.

Appellate Information

  • Argued 03/12/2010
  • Decided 06/11/2010
  • Published 06/11/2010

Judges

  • Before J. CLIFFORD WALLACE, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • John J. Marandas, Lake Oswego, OR, for the petitioners.

  • For Appellees:
  • Alison Marie Igoe and Lindsay Williams, United States Department of Justice, Civil Division/Office of Immigration Litigation, for the respondent.
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