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In the Matter of Shirdel

19 I&N Dec. 33 (B.I.A. 1984)
In the Matter of Shirdel

15 Cited authorities

  1. Fedorenko v. United States

    449 U.S. 490 (1981)   Cited 465 times   1 Legal Analyses
    Holding that "the Government carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship" because "loss [of citizenship] can have severe and unsettling consequences"

  2. United States v. Kavazanjian

    623 F.2d 730 (1st Cir. 1980)   Cited 28 times
    Determining that an alien who steps off a plane and is in the airport waiting for a connecting flight in TWOV has not made an "entry" into the U.S. because he is still within the custody of the carrier or INS and is therefore not deemed to be free from official restraint

  3. Walai v. United States I.N.S.

    552 F. Supp. 998 (S.D.N.Y. 1982)   Cited 3 times

    No. 82 Civ. 7779(DNE). December 30, 1982. Charles Aronowitz, New York City, of counsel, for plaintiff. John S. Martin, Jr., U.S. Atty., S.D.N.Y., Thomas E. Moseley, Sp. Asst. U.S. Atty., of counsel, for defendant. MEMORANDUM OPINION AND ORDER EDELSTEIN, District Judge: Plaintiff, Mohamad Homaun Walai ("Walai") is a citizen of Afghanistan who left that country in early 1981 and went to Pakistan where he lived for fourteen months. Walai arrived in the United States from Pakistan on March 6, 1982 with

  4. Suite v. Immigration Naturalization Service

    594 F.2d 972 (3d Cir. 1979)   Cited 2 times
    Stating that "recent judicial and administrative decisions have interpreted 'willful' for purposes of section 212 as entailing voluntary and deliberate activity and have held that knowledge of the falsity of a representation is sufficient to satisfy the scienter element of that section"

  5. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,827 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

  6. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,746 times   7 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  7. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,975 times   73 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

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

    8 U.S.C. § 1255   Cited 2,914 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  9. Section 1251 - Transferred

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

  10. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,135 times   3 Legal Analyses
    Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

  11. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 344 times
    Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

  12. Section 1159 - Adjustment of status of refugees

    8 U.S.C. § 1159   Cited 277 times   1 Legal Analyses
    Granting Attorney General discretion to “adjust to the status of an alien lawfully admitted for permanent residence” refugee previously granted asylum and physically present in United States

  13. Section 214.2 - Special requirements for admission, extension, and maintenance of status

    8 C.F.R. § 214.2   Cited 462 times   44 Legal Analyses
    Restating cap in 8 U.S.C. § 1184(g)(l)

  14. Section 209.2 - Adjustment of status of alien granted asylum

    8 C.F.R. § 209.2   Cited 63 times
    Providing that an alien who has been granted asylum may not adjust his status unless he is admissible to the United States

  15. Section 207.1 - Eligibility

    8 C.F.R. § 207.1   Cited 11 times   1 Legal Analyses

    (a)Filing. Any alien who believes he or she is a refugee as defined in section 101(a)(42) of the Act, and is included in a refugee group identified in section 207(a) of the Act, may apply for admission to the United States by submitting an application, including biometric information, in accordance with the form instructions, as defined in 8 CFR 1.2 . (b)Firmly resettled. Any applicant (other than an applicant for derivative refugee status under 8 CFR 207.7 ) who has become firmly resettled in a