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In the Matter of Barocio

19 I&N Dec. 255 (B.I.A. 1985)
In the Matter of Barocio

27 Cited authorities

  1. INS v. Bagamasbad

    429 U.S. 24 (1976)   Cited 841 times
    Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons

  2. Molinaro v. New Jersey

    396 U.S. 365 (1970)   Cited 427 times   1 Legal Analyses
    Holding bailed defendant became a fugitive because he "failed to surrender himself to state authorities" when required

  3. Immigration & Naturalization Service v. Jong Ha Wang

    450 U.S. 139 (1981)   Cited 299 times
    Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations

  4. INS v. Phinpathya

    464 U.S. 183 (1984)   Cited 249 times
    Holding that thirty-two-year-old statute must still be given its plain meaning

  5. INS v. Rios-Pineda

    471 U.S. 444 (1985)   Cited 189 times
    Holding that the BIA may discount evidence of seven years' presence in its assessment of eligibility for suspension when presence was maintained through meritless appeals

  6. Balani v. Immigration Naturalization Serv

    669 F.2d 1157 (6th Cir. 1982)   Cited 137 times
    Holding that the BIA abuses its discretion if it denies a motion to reopen without providing a rational explanation

  7. Villena v. Immigration Naturalization Serv

    622 F.2d 1352 (9th Cir. 1980)   Cited 57 times
    Holding that INS's failure to respond to alien's petition for preference classification for almost four years with no apparent justification for delay, estopped the INS from claiming that the alien failed to adequately pursue his claim for preference classification in deportation proceedings

  8. Ahwazi v. I.N.S.

    751 F.2d 1120 (9th Cir. 1985)   Cited 45 times
    In Ahwazi, the court acknowledged that petitioner Ahwazi had established the prima facie case required for a motion to reopen requesting an adjustment of status.

  9. Dallo v. I.N.S.

    765 F.2d 581 (6th Cir. 1985)   Cited 35 times
    Holding that appeal is frivolous if obviously without merit and prosecuted for delay, harassment, or other improper purposes

  10. Leblanc v. I.N.S.

    715 F.2d 685 (1st Cir. 1983)   Cited 31 times
    Finding no need to remand where Board "clearly made a discretionary decision"

  11. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  12. Section 292.5 - Service upon and action by attorney or representative of record

    8 C.F.R. § 292.5   Cited 98 times
    Providing the right to counsel during an examination except for applicants for admission

  13. Section 292.4 - Appearances

    8 C.F.R. § 292.4   Cited 11 times

    (a)Authority to appear and act. An appearance must be filed on the appropriate form as prescribed by DHS by the attorney or accredited representative appearing in each case. The form must be properly completed and signed by the petitioner, applicant, or respondent to authorize representation in order for the appearance to be recognized by DHS. The appearance will be recognized by the specific immigration component of DHS in which it was filed until the conclusion of the matter for which it was entered