Chettiar

Chettiar v. Holder

Good Law
665 F.3d 1375·2012 WL 118573
United States Court of Appeals for the Ninth CircuitJanuary 17, 201208-70035, 08-73865California1,620 words

Opinion

Opinion

Thomas, J.

This case presents the question of whether the Citizenship and Immigration Service (“CIS” or “Service”) loses jurisdiction of a petition to remove conditions placed on residence if it does not adjudicate the petition within ninety days, as required by 8 U.S.C. § 1186a(c)(3)(A). Under the circumstances presented here, we conclude that it does not, and we deny the petition for review.

I

Venkatraman Chettiar, a native and citizen of India, was admitted to the United States as a conditional permanent resident in 2001, on the basis of his marriage to Lourdes A. Soto, an American citizen. 8 U.S.C. § 1186a(a). Chettiar’s conditional permanent resident status authorized him to remain in the United States for two years and seek removal of the conditions placed on his residency by submitting a petition to the CIS during the 90-day period immediately preceding the expiration of his two-year conditional residence period. 8 U.S.C. § 1186a(c)(l)(A). Chettiar and Soto submitted an 1-751 Petition to Remove the Conditions on Residence to the CIS California Service Center shortly before the end of Chettiar’s conditional residence period. The Service forwarded the petition to a CIS…

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