Humaira Lateef v. Eric Holder, Jr.
2012 U.S. App. LEXIS 12970
6th Cir.2012Background
- Lateef, a Pakistan-born naturalized LPR, spent the majority of her time in Pakistan after 1991 while her family members remained in the U.S.
- Her daughter was granted LPR status as a child born during a temporary visit abroad to an LPR, and Lateef's husband sought entry visas.
- Lateef repeatedly traveled abroad between 1995 and 1999 for personal, family, and professional reasons, with most trips lasting months and several exceeding 180 days.
- In February 2001, Lateef attempted to re-enter the U.S. with her family but admitted she had not been in the U.S. since 1999, following an INS inquiry and evidence found in luggage.
- The IJ and BIA found that Lateef abandoned her LPR status, which would retroactively affect her family’s visas and admissibility, a ruling this court reviewed on appeal.
- The court applied a totality-of-the-circumstances approach to determine LPR abandonment, relying on Hana and Karimijanaki precedents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Lateef abandon her LPR status? | Lateef did not abandon; she remained temporarily abroad to care for family and pursue licensure. | Lateef abandoned her LPR status based on the totality of circumstances and extended, non-temporary stays abroad. | No; the court held abandonment. |
| Is Lateef's absence from the U.S. for family reasons sufficient to constitute a temporary visit under Hana? | Hana supports non-abandonment when abroad to care for family and await visas. | Hana is distinguishable; here the absence lasted too long and was not tied to a fixed early event. | Hana control; absence not a temporary visit; abandonment found. |
| Does abandonment doom Lateef's daughter's LPR and her family's visas retroactively? | Daughter's LPR status should not be imputed with abandonment; visas should remain valid. | Abandonment imputes to the child; visas are retroactively revoked. | Yes; visas retroactively revoked with abandonment. |
| What is the proper standard of review for BIA determinations in abandonment cases? | Review should consider totality of the record and deference to BIA under Hana/ Karimijanaki. | De novo review with substantial evidence standard applies to factual findings when supported by record. | Review under substantial evidence; BIA affirmed; reasonable interpretation sustained. |
| Are Lateef's misrepresentations relevant if abandonment is proven? | Misrepresentation is irrelevant if LPR status was not abandoned. | Misrepresentation remains relevant in assessing admissibility and waiver issues. | Misrepresentation irrelevant to abandonment finding; waiver discussed separately. |
Key Cases Cited
- Hana v. Gonzales, 400 F.3d 472 (6th Cir. 2005) (temporary visits and family-emigration considerations can preserve LPR status)
- Karimijanaki v. Holder, 579 F.3d 710 (6th Cir. 2009) (abandonment requires clear and convincing evidence; totality of circumstances)
- Moin v. Ashcroft, 385 F.3d 415 (5th Cir. 2003) (absence abroad viewed in light of family-emigration burden)
- Ali v. Reno, 237 F.3d 591 (6th Cir. 2001) (review framework for immigration appellate decisions)