The United States Supreme Court has agreed to take a case that could drastically affect the lives and families of hundreds of thousands of documented and undocumented immigrants. Every person living in this country that is not a U. S. citizen is forever subject to deportation. Even legal permanent residents that have lived here for decades can be deported for numerous legal reasons. Having been convicted of certain crimes is one of the most frequent grounds for deporting both documented and undocumented immigrants. Immigration law allows certain deportable immigrants to apply for cancellation of deportation. If cancellation of deportation is approved, the deportable immigrant is allowed to remain here.
Carlos Gutierrez was 5 years old in 1989 when his family entered the U. S. unlawfully. His father was granted legal permanent residence in 1991. In 2003, 19 year old Carlos was granted legal permanent residence. The record shows that in 2005 he agreed to smuggle some children into this country from Mexico for $1,500. He was determined to be deportable by an immigration judge. That immigration judge granted Carlos Gutierrez’ application for cancellation of deportation and allowed him to stay in the country legally with his family.
Immigration officials appealed the judge’s decision to the Board of Immigration Appeals which agreed with Immigration Service officials that Mr. Gutierrez did not meet the legal status or residency requirements to qualify for cancellation of deportation. Mr. Gutierrez’ attorney appealed the negative decision to the 9th Circuit Court of Appeals which agreed with Mr. Gutierrez. Immigration officials have appealed the case to the United States Supreme Court whose decision will be the final word in this matter.
Immigration law requires deportable immigrants applying for cancellation of deportation to prove that they have been lawfully admitted for permanent residency for not less than 5 years. It also requires them to prove that they have resided in this country continuously for not less than 7 years after having been admitted in any status. Immigration officials insist that the law clearly requires that the immigrant must personally meet these requirements and that Carlos Gutierrez clearly does not because he had only been a lawful permanent resident for 3 years when he was determined to be deportable. They also insist that he had not been living in this country for 7 years after obtaining permanent resident status.
The immigration judge and the judges of the 9th Circuit Court of Appeals decided that the date that his parents became legal permanent residents could be used as the date that Mr. Gutierrez acquired legal resident status and began his continuous residence in this country. These judges said that since Carlos Gutierrez was brought here and lived with his parents as a minor dependent, the parents’ legal and residency status and date is “imputed” to him.
The favorable interpretation of this law by the 9th Circuit Court of Appeals benefits all immigrants in the Federal 9th Circuit which includes Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington state. If the Supreme Court agrees, this benefit will be available to all immigrants in every state.