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In re Christo's, Inc.

Interim Decision #3831 (B.I.A. 2015)
In re Christo's, Inc.

9 Cited authorities

  1. Jimenez v. Quarterman

    555 U.S. 113 (2009)   Cited 1,835 times   1 Legal Analyses
    Holding that because the state appellate court granted the petitioner's out of time appeal and reopened the direct review proceedings it reopened the limitations period under § 2244(d), which "carries out AEDPA's goal of promoting comity, finality, and federalism by giving state courts the first opportunity to review claim, and to correct any constitutional violation in the first instance" (alteration in original)

  2. Bark v. Immigration and Naturalization Service

    511 F.2d 1200 (9th Cir. 1975)   Cited 100 times
    Holding that the test for bona fide marriage is whether the couple "intend[ed] to establish a life together at the time they were married"

  3. Dor v. District Director, Immigration & Naturalization Service

    891 F.2d 997 (2d Cir. 1989)   Cited 62 times
    Holding that no procedural due process violation existed where petitioner was detained for 60 months because "his sustained detention" resulted from "the simple fact that—at his urgent request and by stay—[the court] allowed his application to be exhaustively adjudicated" by the government"

  4. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,772 times   67 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  5. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,171 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

  6. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,112 times   1 Legal Analyses
    Granting immigrant status

  7. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 322 times
    Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

  8. Section 204.5 - Petitions for employment-based immigrants

    8 C.F.R. § 204.5   Cited 303 times   16 Legal Analyses
    Permitting an alien to retain a priority date associated with an existing employment-based petition

  9. Section 103.5 - Reopening or reconsideration

    8 C.F.R. § 103.5   Cited 209 times
    Authorizing officers to exercise their discretion to excuse untimely filing of motion to reopen or reconsider where movant demonstrates that delay was reasonable and beyond the movant's control