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"
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”
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”
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
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
8 U.S.C. § 1101 Cited 16,436 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
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."