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
How later courts described this case
- 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
- The Board should consider an alien’s contribution to the community. While the success of the community projects did not depend on Sullivan’s presence, "[the alien’s] involvement in such projects does support his allegation that he has become integrated into the American culture.”
Written by the judges who cited it.
The opinion
SNEED, Circuit Judge
(with whom KENNEDY, Circuit Judge, concurs) (concurring in the result only and dissenting from the majority opinion in its entirety):
I would reverse and remand this case for the reasons set forth in my opinion in Wang v. INS, 9 Cir., 622 F.2d 1341 .