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Lockhart v. Napolitano, 08-3321

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).

Read Lockhart v. Napolitano, 08-3321

Appellate Information

Argued: January 20, 2009

Decided and Filed: July 20, 2009


Opinion by Judge Cole


For Appellants:

Elizabeth J. Stevens, United States Department of Justice, Washington, DC

For Appellee:

Brent W. Renison, Parrilli Renison, Lake Oswego, OR