Martinez

Martinez v. Cuccinelli

Good Law
United States District Court, Eastern District of CaliforniaJanuary 26, 20212:20-cv-01432California2,374 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 JERED MARTINEZ, No. 2:20-cv-01432-JAM-DB Plaintiff, v. ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS

KENNETH T. CUCCINELLI, et al., Defendant. 13 Jered Martinez is among the many individuals navigating the 14 morass of this country’s immigration laws. At present, he finds 15 himself caught between a law that allows certain visa holders to 16 seek an adjustment of status to lawful permanent resident 17 contingent upon their parent’s marriage to a United States 18 citizen, and a regulation that, in effect, prohibits that 19 adjustment of status if their parent married that citizen after 20 the visa holder’s eighteenth birthday. See 18 U.S.C. § 1255(a); 21 18 U.S.C. § 1255(d); 8 C.F.R. § 245.1(i). 22 Martinez challenges the latter regulation as unlawful and 23 contrary to 18 U.S.C. § 1255(d) and requests that the Court 24 enjoin the United States Citizenship and Immigration Services 25 (“USCIS”) from applying it to his application for adjustment of 26 status. See…

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