“If the 7-year residence requirement runs from an alien’s being ‘admitted in any status,’ and ‘in any status’ includes immigrants, non- immigrants, and illegal aliens, then what does ‘status’ exclude? What significance does it have in the provision?”
How later courts described this case
- “If the 7-year residence requirement runs from an alien’s being ‘admitted in any status,’ and ‘in any status’ includes immigrants, non- immigrants, and illegal aliens, then what does ‘status’ exclude? What significance does it have in the provision?”
Written by the judges who cited it.
The opinion
ORDER:
A member of the court in active service having requested a poll on the reconsideration of this cause en banc, and a majority of ‘the judges in active service and not disqualified not having voted in favor (Fed. *186 R. App. P. 35 and 5th Cir. R. 35), rehearing en bane is DENIED.
In the en banc poll, 5 judges voted in favor of rehearing (Judges Jones, Smith, Clement, Owen, and Elrod), and 10 judges voted against rehearing (Chief Judge Stewart and Judges Jolly, Davis, Dennis, Prado, Southwick, Haynes, Graves,. Hig-ginson, and Costa).