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In re Ortiz

14 Cited authorities

  1. Savoury v. U.S. Attorney General

    449 F.3d 1307 (11th Cir. 2006)   Cited 77 times
    Holding that an alien was not lawfully admitted when the INS had granted him LPR status without knowing that he had been convicted of possessing cocaine with the intent to distribute

  2. Asika v. Ashcroft

    362 F.3d 264 (4th Cir. 2004)   Cited 71 times
    Holding Attorney General has power to rescind erroneously granted adjustments of status

  3. Garcia v. Attorney General of U.S.

    553 F.3d 724 (3d Cir. 2009)   Cited 34 times
    Holding § 1252(g)'s jurisdictional bar does not apply when a petitioner "is not challenging the discretionary decision to commence proceedings, but is challenging the very authority to commence those proceedings"

  4. Bamidele v. Immigration Naturalization Serv

    99 F.3d 557 (3d Cir. 1996)   Cited 39 times
    Holding that § 1256 applies to removal proceedings and vacating a deportation order issued more than five years after the government discovered that the petitioner's marriage was fraudulent

  5. Kim v. Holder

    560 F.3d 833 (8th Cir. 2009)   Cited 16 times
    Holding that § 1256's second sentence “makes clear that the legislature viewed rescission and removal as separate, and applied the five-year limitations period to rescission only”

  6. Stolaj v. Holder

    577 F.3d 651 (6th Cir. 2009)   Cited 10 times
    Holding that, by amending § 1256, Congress “explicitly allow[ed] the Government to initiate removal proceedings ... without first rescinding the alien's permanent resident status”

  7. Gun Choe v. Immigration & Naturalization Service

    11 F.3d 925 (9th Cir. 1993)   Cited 24 times
    Holding that adjustment of status bars later deportation for initial entry with preconceived intent to remain

  8. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,736 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  9. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,906 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  10. Section 1201 - Issuance of visas

    8 U.S.C. § 1201   Cited 286 times   1 Legal Analyses
    Granting consular officers the authority to issue a visa to an immigrant "who has made proper application therefor"

  11. Section 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 268 times   1 Legal Analyses
    Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States

  12. Section 1543 - Forgery or false use of passport

    18 U.S.C. § 1543   Cited 143 times
    Providing that willingly and knowingly attempting to use a forged, counterfeit, or altered passport is a felony for which a first-time offender may be imprisoned for up to ten years

  13. Section 1256 - Rescission of adjustment of status; effect upon naturalized citizen

    8 U.S.C. § 1256   Cited 118 times
    Providing for rescission of adjusted status if within five years it appears the alien "was not in fact eligible for such adjustment of status" when it was granted

  14. Section 1259 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

    8 U.S.C. § 1259   Cited 85 times

    A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under section 1182(a)(3)(E) of this title or under section 1182(a) of this