In an action challenging the BIA's denial of petitioner's request for permanent resident status, summary judgment for petitioner is affirmed where a "surviving alien-spouse" is a "spouse" within the meaning of the "immediate relative" provision of the Immigration and Nationality Act, 8 U.S.C. section 1151(b)(2)(A)(i).
Argued: January 20, 2009
Decided and Filed: July 20, 2009
Opinion by Judge Cole
Elizabeth J. Stevens, United States Department of Justice, Washington, DC