Appraisal III- Immigration

Appraisal III- Immigration

Issue

The issue in this case involved a permanent resident Alberto Iglesia; who was awaiting his permanent residency card. In the year 2006, he was granted permanent residency and received his permanent residency identification card. It made him a legal resident of the United States. After its expiration, his permanent residency was extended up to December 31st, 2008. One day on his way from work; he was stopped by the police and was taken in when they discovered that his permanent residency had expired. The proof that he was granted an extension on permanent residency was the stamp from USCIS on his passport; which he did not have at the time of arrest. The judge ordered him to be deported and asserted that “the expiration was a proof enough” for his illegal stay.

Rule

In the given case scenario, the following laws and legal precedents would clearly explain the issue at hand:

In the United States, issues pertaining to permanent residency and legality of citizens are dealt by the INS (Immigration & Naturalization Service) under the “Homeland Security Act of 2002” Pub. L. No. 107-296, 116 Stat. 213. The permanent residents are required by the above mentioned law to carry their valid green cards with them at all times (District Court of Pennsylvania, 2008).

In the case Haig Vs Angco, Civ. A. No. 79-4636 United States District Court for the Eastern District Of Pennsylvania, 514 F. Supp. 1328; (1981) (James, 2006); residents from Philippines were denied permanent residency of the United States in the year 1980. Their residency did not fall in compliance with the permanent residency quota at that time.

In Lozano v. City of Hazleton, No. 3:06cv 1586, United States District Court for the Middle District Of Pennsylvania, 496 F. Supp. 2d 477 (2007); the case involved Mr. Lozano whose permanent ...