Justice Elena Kagan delivered the opinion of the U. S. Supreme Court : Some "Illegal Aliens" may get relief and not be evicted from USA after satisfying certain conditions and length of time - Decided May 21, 2012 - about "DREAMER Babies"

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This is hard to understand .... Legal sites are saying that this is not good for "DREAMER Babies"  - We will have to study more, read more and be less lazy :



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HOLDER v. GUTIERREZ
Decided May 21, 2012


HOLDER v. GUTIERREZ


Some excerpts :

An immigration statute, 8 U. S. C. §1229b(a), authorizes the Attorney General to cancel the removal of an alien from the United States so long as the alien satisfies certain criteria. One of those criteria relates to the length of time an alien has lawfully resided in the United States, and another to the length of time he has held permanent resident status here. We consider whether the Board of Immigration Appeals (BIA or Board) could reasonably conclude that an alien living in this country as a child must meet those requirements on his own, without counting a parent's years of residence or immigration status. We hold that the BIA's approach is based on a permissible construction of the statute.

The immigration laws have long given the Attorney General discretion to permit certain otherwise-removable aliens to remain in the United States. See Judulang v. Holder, 565 U. S. ___, ___ (2011) (slip op., at 2-4). The Attorney General formerly exercised this authority by virtue of §212(c) of the Immigration and Nationality Act (INA), 66 Stat. 187, 8 U. S. C. §1182(c) (1994 ed.), a provision with some lingering relevance here, see infra, at 7-9. But in 1996, Congress replaced §212(c) with §1229b(a) (2006 ed.). That new section, applicable to the cases before us, provides as follows:

"(a) Cancellation of removal for certain permanent residents

"The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien :

"(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,

"(2) has resided in the United States continuously for 7 years after having been admitted in any status, and

"(3) has not been convicted of any aggravated felony." Ibid.

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