# 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/9466783

## 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 Sneed
- **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/9466783

## 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

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466783. Public record. Not legal advice.