Azumah v. USCIS – Vacated and remanded by revealed opinion. Decide Harris wrote the opinion, during which Decide Thacker joined. Decide Richardson wrote a separate opinion concurring partially and concurring within the judgment. ARGUED: Benjamin Ross Winograd, IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Appellant. ON BRIEF: Ava Cayetano Benach, BENACH COLLOPY LLP, Washington, D.C., for Appellant.
“As the federal government concedes, Azumah was in actual fact “lawfully admitted for everlasting residence” always related to this case – in 2010, in 2014, and when he sought citizenship – as a result of in any respect these instances, he had the standing of a authorized everlasting resident of the USA. That is sufficient to fulfill the statutory requirement at concern. And we don’t learn the company regulation now pressed by the federal government to impose upon Azumah the extra burden of displaying that he was “lawfully admitted” – slightly than paroled – when he returned to the USA in 2014. Accordingly, we vacate the judgment of the district court and remand for additional proceedings according to this opinion.”
[Hats way off to Ava Benach and Ben Winograd! Listen to the oral argument here.]
