Silva-Hernandez v. USCIS, et al, No. 11-15675 (11th Cir. 2012)
Annotate this CasePlaintiff contended that the pattern and practice delineated in Section 223.11(m)(2) of the Immigration Service Adjudicator's Field Manual violated the plain and unambiguous language of the Cuban Adjustment Act of 1966 (CAA), 8 U.S.C. 1255. After reviewing the statutory language, the court concluded that the Immigration Service's pattern and practice of limiting the date of lawful permanent residence based on the date of marriage was contrary to the unambiguous language of the CAA. Accordingly, the court reversed and remanded for further proceedings.
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