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45 J. Marshall L. Rev. 991 (2011-2012)
Mommy, Where Is Home: Imputing Parental Immigration Status and Residency for Undocumented Immigrant Children

handle is hein.journals/jmlr45 and id is 1089 raw text is: MOMMY, WHERE IS HOME?: IMPUTING PARENTAL IMMIGRATION STATUS AND RESIDENCY FOR UNDOCUMENTED IMMIGRANT CHILDREN JOHANNA K.P. DENNIS* I. INTRODUCTION Carlos was among the many undocumented children in the United States. A native and citizen of Mexico, he entered the United States illegally when he was five years old.1 Two years later, his father was granted legal permanent resident (LPR) status, but Carlos did not get LPR status until he was nineteen years old.2 Two years after becoming a LPR, Carlos was arrested for smuggling, placed into removal proceedings, and he faced deportation back to Mexico.3 Unfortunately for Carlos, he did not satisfy the requirements to obtain Cancellation of Removal, which is a common form of discretionary relief available in removal proceedings.4 For LPR Cancellation applicants, the applicant must have five years of residence as a LPR, have seven years' physical presence after admission to any status, and not have been convicted of an Aggravated Felony.5 When Carlos applied for Cancellation, he was faced with the problem that although he was physically present in the United States and living with his parents for sixteen of his twenty-one * Professor Dennis teaches courses in immigration law and intellectual property law at Southern University Law Center. This Article was supported by a Summer 2012 Research Grant from Southern University Law Center. Professor Dennis would like to thank her family, Audrey P. Dennis-Townsend, Robert L. Townsend, Kadeem P. Dennis, and Anthaea-Grace P. Dennis, for their support, and her 2011-12 research assistants, Ariel V. Dixon and Summer M. Miller, for their work in compiling data and analysis used in this article. Part of this research was presented at the Socio-Legal Studies Association 2012 Conference held at Leicester De Montfort Law School on April 3-5, 2012, in Leicester, UK. 1. Appendix to the Petition for Writ of Certiorari at 12a, Holder v. Martinez Gutierrez, No. 10-1542 (2012) [hereinafter The Gutierrez Appendix]. 2. Id. 3. Id. at 7a-9a, 18a. 4. Id. at 7a-9a (discussing Immigration and Nationality Act (INA) § 240A(a), 8 U.S.C. § 1229b(a) (2010)). 5. INA § 240A(a). 991