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In re Villarreal-Zuniga

23 I&N Dec. 886 (B.I.A. 2006)
In re Villarreal-Zuniga

10 Cited authorities

  1. United Savings Assn. v. Timbers of Inwood Forest

    484 U.S. 365 (1988)   Cited 2,047 times   10 Legal Analyses
    Holding that § 506(b) “deni [es] ... postpetition interest to undersecured creditors,” and recognizing “an apparent anomaly” that when a debtor proves solvent, 11 U.S.C. § 726 provides for post-petition interest on unsecured claims “but not on the secured portion of undersecured creditors' claims,” but concluding that these particular “inequitable effects ... are entirely avoidable, since an undersecured creditor is entitled to ‘surrender or waive his security and prove his entire claim as an unsecured one’ ”

  2. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,832 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  3. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,160 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"

  4. Section 1003.29 - Continuances

    8 C.F.R. § 1003.29   Cited 653 times   1 Legal Analyses
    Authorizing continuances

  5. Section 204.2 - Petitions for relatives, widows and widowers, and abused spouses and children

    8 C.F.R. § 204.2   Cited 409 times   2 Legal Analyses
    Conferring priority date retention on a derivative beneficiary only "if the subsequent petition is filed by the same petitioner"

  6. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 304 times   4 Legal Analyses
    Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

  7. Section 1003.31 - Filing documents and applications

    8 C.F.R. § 1003.31   Cited 202 times
    Providing the IJ may set and extend time limits for the filing of applications and related documents and, if the application or document is not filed within the time set by the IJ, the opportunity to file it shall be deemed waived

  8. Section 1245.2 - Application

    8 C.F.R. § 1245.2   Cited 196 times
    Granting "exclusive jurisdiction" over the issue to the IJ once removal proceedings are initiated

  9. Section 204.4 - Amerasian child of a United States citizen

    8 C.F.R. § 204.4   Cited 15 times   1 Legal Analyses
    Defining "Amerasian"

  10. Section 1205.1 - Automatic revocation

    8 C.F.R. § 1205.1   Cited 7 times

    (a)Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of 8 CFR chapter I is revoked as of the date of approval: (1) If the Secretary of State shall terminate the registration of the beneficiary pursuant to the provisions of section 203(e) of the Act before October 1, 1991, or section 203(g) of the Act on or after October 1, 1994; (2) If the filing fee and associated service charge are not paid within 14 days