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Matter of Henriquez Rivera

25 I&N Dec. 575 (B.I.A. 2011)
Matter of Henriquez Rivera

16 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,043 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,770 times   67 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  3. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,321 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

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

    8 U.S.C. § 1255   Cited 2,848 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  5. Section 1254a - Temporary protected status

    8 U.S.C. § 1254a   Cited 243 times   3 Legal Analyses
    Recognizing that an alien granted TPS is "considered as being in, and maintaining, lawful status as a nonimmigrant"

  6. Section 1259 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

    8 U.S.C. § 1259   Cited 85 times

    A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under section 1182(a)(3)(E) of this title or under section 1182(a) of this

  7. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 307 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"

  8. Section 1240.1 - Immigration judges

    8 C.F.R. § 1240.1   Cited 167 times
    Granting immigration judge in removal proceeding authority to determine applications for adjustment of status

  9. Section 208.14 - Approval, denial, referral, or dismissal of application

    8 C.F.R. § 208.14   Cited 92 times
    Denying asylum to applicants firmly resettled

  10. Section 208.2 - Jurisdiction

    8 C.F.R. § 208.2   Cited 84 times
    Limiting the scope of review in asylum-only proceedings to "a determination of whether the alien is eligible for asylum or withholding or deferral of removal, and whether asylum shall be granted in the exercise of discretion."

  11. Section 216.4 - Joint petition to remove conditional basis of lawful permanent resident status for alien spouse

    8 C.F.R. § 216.4   Cited 59 times   1 Legal Analyses
    Providing that if the Attorney General denies a conditional LPR's petition to remove conditions, the "alien's lawful permanent resident status shall be terminated "

  12. Section 209.1 - Adjustment of status of refugees

    8 C.F.R. § 209.1   Cited 16 times   1 Legal Analyses

    The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her refugee status. (a)Eligibility. (1) Every alien in the United States who is classified as a refugee under 8 CFR part 207 , whose status has not been terminated, is required to apply to USCIS one year after entry in order for USCIS to determine his or her admissibility under section 212 of the Act, without

  13. Section 244.10 - Decision and appeal

    8 C.F.R. § 244.10   Cited 14 times
    Outlining the administrative appeal process for challending a denial of a TPS application

  14. Section 244.9 - Evidence

    8 C.F.R. § 244.9   Cited 5 times

    (a)Documentation. Applicants shall submit all documentation as required in the instructions or requested by the Service. The Service may require proof of unsuccessful efforts to obtain documents claimed to be unavailable. If any required document is unavailable, an affidavit or other credible evidence may be submitted. (1)Evidence of identity and nationality. Each application must be accompanied by evidence of the applicant's identity and nationality, if available. If these documents are unavailable

  15. Section 244.11 - Renewal of application; appeal to the Board of Immigration Appeals

    8 C.F.R. § 244.11   Cited 3 times

    If a charging document is served on the alien with a notice of denial or withdrawal of Temporary Protected Status, an alien may renew the application for Temporary Protected Status in deportation or exclusion proceedings. The decision of the immigration judge as to eligibility for Temporary Protected Status may be appealed to the Board of Immigration Appeals pursuant to 8 CFR 1003 . The provisions of this section do not extend the benefits of Temporary Protected Status beyond the termination of a

  16. Section 244.18 - Issuance of charging documents; detention

    8 C.F.R. § 244.18   Cited 2 times

    (a) A charging document may be issued against an alien granted Temporary Protected Status on grounds of deportability or excludability which would have rendered the alien statutorily ineligible for such status pursuant to §§ 244.3(c) and 244.4 . Aliens shall not be deported for a particular offense for which the Service has expressly granted a waiver. If the alien is deportable on a waivable ground, and no such waiver for the charged offense has been previously granted, then the alien may seek such