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CONTRERAS AYBAR v. SECRETARY U.S. HOMELAND SEC.

No. 18-1462.

916 F.3d 270 (2019)

Carmen Josefina CONTRERAS AYBAR; Dario De Jesus Moreta Contrera, Appellants v. SECRETARY UNITED STATES DEPARTMENT OF HOMELAND SECURITY; Director United States Citizenship and Immigration Services; Director United States Citizenship and Immigration Services Vermont; Attorney General United States of America; United States Attorney New Jersey.

United States Court of Appeals, Third Circuit.

Opinion filed: February 19, 2019.

Attorney(s) appearing for the Case

Joshua S. Cohn, Esquire , James I. McClammy, Esquire , Benjamin Zhu, Esquire (Argued), Davis Polk & Wardwell, 450 Lexington Avenue, New York, NY 10017, Samuel I. Portnoy, Esquire , Gibbons, One Gateway Center, Newark, NJ 07102, Counsel for Appellants.

Chad A. Readler , Acting Assistant Attorney General, Civil Division, William C. Peachey , Director, Office of Immigration, Litigation, District Court Section, Gisela A. Westwater , Assistant Director, District Court Section, Alexander J. Halaska, Esquire (Argued), United States Department of Justice, Office of Immigration Litigation, P.O. Box 868, Ben Franklin Station, Washington, DC 20044, Counsel for Appellees.

Gary W. Kubek, Esquire , Matthew D. Forbes, Esquire , Meryl Holt Silverman, Esquire , Elizabeth Costello, Esquire , Debevoise & Plimpton LLP, 919 Third Avenue, New York, NY 10022, Counsel for Amicus Curiae.

Before: AMBRO, SCIRICA, and RENDELL, Circuit Judges.

OPINION OF THE COURT

Carmen Josefina Contreras Aybar ("Carmen") became a lawful permanent resident under provisions of the Immigration and Nationality Act ("INA") known as the "U Visa" statute. She then sought permanent resident status for her son, Dario, based on a related provision of the INA, 8 U.S.C. § 1255...

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