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Samirah v. Holder, 08-1889

By FindLaw Staff on December 03, 2010 3:09 PM

Revocation of Jordanian citizen's advance parole

Samirah v. Holder, 08-1889, concerned a Jordanian citizen's petition for writ of mandamus seeking to direct the Attorney General to enable him to return to the United States for the purpose of reacquiring his status as an alien eligible for an adjustment of status.


In affirming the district court's grant of the petition, the court held that, under 8 U.S.C. section 1182(d)(5)(A), upon revocation of his advance parole, petitioner is entitled to return to the United States to press his application for adjustment of status.  However, the district court's form of relief ordered is modified and remanded for the issuance of a mandamus commanding the Attorney General to take whatever steps are necessary to enable the petitioner to reenter the Untied States for the limited purpose of reacquiring the status.

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