Henry v. Mukasey (No. 08-68) 

A cert petition was filed on July 10, 2008, seeking review of the question of whether 212(h) should be available, under the Equal Protection Clause, to LPRs who never traveled abroad. The 11th Cir so held, Yeung v. INS, 76 F.3d 337, 340-41 (11th Cir. 1995) (finding equal protection violation where LPR ineligible because no travel abroad).  However, the 7th Cir disagreed, Klementanovsky v. Gonzales, 501 F.3d 788, 791-94 (7th Cir. 2007) (no EqPro violation), and the 2d Cir has also disagreed in an unpublished opinion.

[The circuit split is somewhat tenuous, since only two circuits have made published decisions, and since the 7th cir distinguished (unconvincingly) the Yeung case. It seems like a long-shot, but possible, cert grant. -CR]

See Supreme Court Docket here: 

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.