Holding that an alien’s commission of marriage fraud in order to gain entry to the United States "result[ed] directly" in the termination of her conditional permanent residency and that her removal based on the termination of her conditional permanent residency was therefore also eligible for a waiver
Holding that a petitioner who entered the country without inspection but whose family-based visa petition was processed and approved was not "admitted" under the cancellation statute
Holding that the Court had jurisdiction to review the IJ's conclusion that respondent had failed to timely request voluntary departure because that was a "non-discretionary judgment regarding ... statutory eligibility to request discretionary relief"
8 U.S.C. § 1101 Cited 16,700 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
8 C.F.R. § 1245.1 Cited 114 times 2 Legal Analyses
Providing that "[a]ny alien who was not admitted or paroled following inspection by an immigration officer" is "ineligible to apply for adjustment of status to that of a lawful permanent resident alien"