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ROBINSON v. NAPOLITANO

No. 07-2977.

554 F.3d 358 (2009)

Osserritta ROBINSON v. Janet NAPOLITANO,* Secretary of the Department of Homeland Security; Michael Aytes,* Acting Deputy Director, U.S. Citizenship and Immigration Services, Appellants, *Amended pursuant to F.R.A.P. 43(c)(2).

United States Court of Appeals, Third Circuit.

Filed: February 2, 2009.

Attorney(s) appearing for the Case

Alison R. Drucker (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, D.C., Alex Kriegsman, Office of United States Attorney, Newark, N.J., for Appellants.

Jeffrey A. Feinbloom (Argued), Feinbloom Bertisch, New York, N.Y., for Appellee.

Before: SLOVITER, FUENTES, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue before us is whether an alien married to a United States citizen remains an "immediate relative," within the meaning of the Immigration and Nationality Act ("INA"), if the couple had been married for less than two years when her citizen spouse died. It is an issue this court has never addressed.

I.

Factual and Procedural History

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