In re S-O-S

17 Cited authorities

Landon v. Plasencia
459 U.S. 21 (1982) Cited 616 times 3 Legal Analyses
Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings
Rosenberg v. Fleuti
374 U.S. 449 (1963) Cited 240 times 2 Legal Analyses
Holding that lawful permanent residents who travel abroad should be admitted, even if otherwise inadmissible, if their travel was "brief, casual, or innocent"
Leng May Ma v. Barber
357 U.S. 185 (1958) Cited 210 times
Holding that an alien's parole into the United States "did not alter her status as an excluded alien"
Espinoza-Gutierrez v. Smith
94 F.3d 1270 (9th Cir. 1996) Cited 33 times
Observing that an argument contesting the validity of an agency's own regulations will “necessarily ... fall on deaf ears” because the BIA “simply has no authority to invalidate a regulation that it is bound to follow”
Castrejon-Garcia v. I.N.S.
60 F.3d 1359 (9th Cir. 1995) Cited 32 times
Holding that the BIA's order reversing the grant of suspension and remanding to the IJ for a determination of voluntary departure was a final order of removal because “there was nothing pending before the Board and the petitioner had no reason or basis for appealing the Immigration Judge's decision in his favor”
Mendoza v. I.N.S.
16 F.3d 335 (9th Cir. 1994) Cited 23 times
According deference to the BIA's definition of "entry" under the immigration laws
Barney v. Rogers
83 F.3d 318 (9th Cir. 1996) Cited 19 times
Holding that an alien subject to exclusion at the time he received his advance parole document remained subject to exclusion on returning to the United States
Navarro-Aispura v. I.N.S.
53 F.3d 233 (9th Cir. 1995) Cited 17 times
Finding "this thoroughly inequitable situation was not agreed to by the petitioner"
Sharma v. Reno
902 F. Supp. 1130 (N.D. Cal. 1995) Cited 2 times
Upholding IJ and BIA decisions denying alien the opportunity to withdraw his application for admission because his marriage to a United States citizen, permanent legal resident children, and business in the United States were factors relevant to a balancing of the equities test, not the standard outlined in Matter of Gutierrez
Patel v. Landon
739 F.2d 1455 (9th Cir. 1984) Cited 11 times
Holding that an advance parolee should have been subject to deportation proceedings, rather than exclusion proceedings
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,428 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
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"
Section 1254 - Repealed
8 U.S.C. § 1254 Cited 1,130 times 1 Legal Analyses
Describing suspension-of-deportation eligibility
Section 245.2 - Application
8 C.F.R. § 245.2 Cited 489 times 3 Legal Analyses
Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings
Section 245a.2 - Application for temporary residence
8 C.F.R. § 245a.2 Cited 90 times
Detailing the process to apply for temporary-resident status
Section 245a.1 - Definitions
8 C.F.R. § 245a.1 Cited 33 times
In 8 C.F.R. § 245a.1(f), the INS defined the statutory continuous presence requirement as "actual continuous presence in the United States since November 6, 1986 until filing of any application for adjustment of status."

In re S-O-S

17 Cited authorities

Holding that such aliens are entitled to protections of Due Process Clause in exclusion proceedings

Holding that lawful permanent residents who travel abroad should be admitted, even if otherwise inadmissible, if their travel was "brief, casual, or innocent"

Holding that an alien's parole into the United States "did not alter her status as an excluded alien"

Observing that an argument contesting the validity of an agency's own regulations will “necessarily ... fall on deaf ears” because the BIA “simply has no authority to invalidate a regulation that it is bound to follow”

According deference to the BIA's definition of "entry" under the immigration laws

Holding that an alien subject to exclusion at the time he received his advance parole document remained subject to exclusion on returning to the United States

Finding "this thoroughly inequitable situation was not agreed to by the petitioner"

Holding that an advance parolee should have been subject to deportation proceedings, rather than exclusion proceedings

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Describing suspension-of-deportation eligibility

Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings

Detailing the process to apply for temporary-resident status

In 8 C.F.R. § 245a.1(f), the INS defined the statutory continuous presence requirement as "actual continuous presence in the United States since November 6, 1986 until filing of any application for adjustment of status."