Lemus v. Lynch

The Supreme Court unanimously held in Holder v. Martinez Gutierrez that the BIA permissibly construed section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. 1229b(a), when it concluded that an alien seeking cancellation of removal had to satisfy the years-of-residence requirement on his own, without relying on a parent’s residential history. In this case, petitioner argues that Martinez Gutierrez announced a new rule of law and that, under Chevron Oil Co. v. Huson, its holding should not be applied retroactively to him. The court concluded, however, that petitioner's citation of Nunez-Reyes v. Holder in support of his argument for prospective application of Martinez Gutierrez is not persuasive. The court explained that this case is different from Nunez-Reyes where the court is not overruling its own firmly rooted precedent and the record offers no evidence that applying Martinez Gutierrez retroactively will risk the sort of broad injustice that concerned the court in Nunez-Reyes. Therefore, the court concluded that Chevron Oil is not applicable in this case and that Garfias-Rodriguez v. Holder offers a much closer analogy to this case. Garfias-Rodriguez held that in this situation the proper approach to the issue of retroactivity is set forth in Montgomery Ward & Co., Inc. v. FTC. Applying the Montgomery Ward factors, the court held that Martinez Gutierrez should be applied retroactively. Accordingly, the court denied the petition for review. View "Lemus v. Lynch" on Justia Law