# Narciso Edgardo Inciong Villena v. Immigration & Naturalization Service

> Court of Appeals for the Ninth Circuit · June 4, 1980 · 622 F.2d 1352

URL: https://www.frixlaw.com/law-library/cases/9466782

## Case

- **Full name:** Narciso Edgardo Inciong VILLENA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 4, 1980
- **Citations:** 622 F.2d 1352; 1980 U.S. App. LEXIS 16975
- **Precedential status:** Published
- **Opinion:** Concurrence by Goodwin
- **Judges:** Wright, Choy, Goodwin, Wallace, Sneed, Kennedy, Anderson, Hug, Tang
- **Cited by:** 80 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466782

## How later opinions describe it (automated extraction)

- holding that unexplained and lengthy delay in processing an applicant’s petition for naturalization amounts to “affirmative misconduct” which operated to estop INS from deporting petitioner due to a change in his status which arose from the delay
- concluding that where most of the immigrant's family resided in the country to which he was going to be deported, "deportation would have reunited him with his family, rather than separating him from it"
- finding abuse of discretion where INS failed to consider hardship caused by separation of alien's citizen or permanent resident close family members living together, including alien's children and grandparents

## Opinion text

*1362 GOODWIN, Circuit Judge,
specially concurring.
I concur under the compulsion of the majority opinion in Wang v. I&NS decided this day, 9 Cir., 622 F.2d 1341 . I believe that Wang marks an unwise change in the immigration law of the circuit. But that change has been made and the court is bound by it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466782. Public record. Not legal advice.