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In the Matter of Hernandez-Puente

20 I&N Dec. 335 (B.I.A. 1991)
In the Matter of Hernandez-Puente

20 Cited authorities

  1. INS v. Pangilinan

    486 U.S. 875 (1988)   Cited 309 times   1 Legal Analyses
    Holding that the burden of demonstrating every aspect of eligibility for citizenship is on the alien

  2. INS v. Miranda

    459 U.S. 14 (1982)   Cited 243 times
    Holding that negligent conduct is an insufficient basis for an estoppel claim against the government

  3. U.S. Philips Corp.

    414 U.S. 5 (1973)   Cited 199 times
    Holding that estoppel did not toll the Act's statutory deadline

  4. Montana v. Kennedy

    366 U.S. 308 (1961)   Cited 105 times
    Holding that the government could not be estopped from denying the citizenship of a petitioner whose mother was prevented from returning to the United States before his birth by the incorrect advice of an immigration officer

  5. Keado v. U.S.

    853 F.2d 1209 (5th Cir. 1988)   Cited 104 times
    Holding that IRS mailing of notice, not actual receipt of notice, commences statutory filing period

  6. Fano v. O'Neill

    806 F.2d 1262 (5th Cir. 1987)   Cited 108 times
    Holding that petitioner adequately stated a claim against the government for affirmative misconduct where he alleged the INS "willfully, wantonly, recklessly, and negligently delayed in processing his application"

  7. Phelps v. Federal Emergency Management Agency

    785 F.2d 13 (1st Cir. 1986)   Cited 79 times
    Holding that failure to submit a timely Proof of Loss barred a suit, even though "FEMA's agents specifically assured the Phelps that they need do nothing further [when no Proof of Loss had been submitted]"

  8. Dong Sik Kwon v. Immigration & Naturalization Service

    646 F.2d 909 (5th Cir. 1981)   Cited 67 times   2 Legal Analyses
    Concluding that internal INS procedures "furnish only general guidance for service employees" and do not have the force of law

  9. Corniel-Rodriguez v. I. N. S

    532 F.2d 301 (2d Cir. 1976)   Cited 57 times
    Holding that government official's "noncompliance with an affirmatively required procedure" constituted "severe" misconduct, and reversing Board of Immigration Appeal's ("BIA") order of deportation without remanding to agency for fact-finding or further proceedings

  10. Pei-Chi Tien v. Immigration & Naturalization Service

    638 F.2d 1324 (5th Cir. 1981)   Cited 12 times

    No. 80-1955. Summary Calendar. March 12, 1981. Wasserman, Orlow, Ginsberg Rubin, Mark A. Mancini, Thomas A. Elliot, Washington, D.C., for petitioner. Benjamin R. Civiletti, Atty. Gen., U.S. Dept. of Justice, Philip Wilens, Chief Govt. Reg. Labor Sec., Eric Fisher, James P. Morris, Stephen M. Weglian, Attys., Crim. Div., U.S. Dept. of Justice, Washington, D.C., for respondent. Edwin Chauvin, Jr., Dist. Director, INS, New Orleans, La., Paul B. O'Neill, Houston, Tex., for other interested parties. Petition

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,341 times   92 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

  12. 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

  13. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,158 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"

  14. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,092 times   1 Legal Analyses
    Granting immigrant status

  15. Section 1256 - Rescission of adjustment of status; effect upon naturalized citizen

    8 U.S.C. § 1256   Cited 118 times
    Providing for rescission of adjusted status if within five years it appears the alien "was not in fact eligible for such adjustment of status" when it was granted

  16. Section 245.2 - Application

    8 C.F.R. § 245.2   Cited 487 times   3 Legal Analyses
    Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings

  17. Section 204.1 - General information about immediate relative and family-sponsored petitions

    8 C.F.R. § 204.1   Cited 257 times
    Delimiting jurisdiction over immediate relative and family-sponsored visa petitions