reversing a denial of a motion to reopen deportation proceeding and remanding for consideration of the approval of an immediate relative petition
How later courts described this case
- reversing a denial of a motion to reopen deportation proceeding and remanding for consideration of the approval of an immediate relative petition
- expressing court's “discomfort with the nation’s convoluted immigration laws and their uncertain, inefficient, or protracted administration”
- noting that the BIA must explain departures from settled policies
- once INS has served an order to show cause why an alien should not be deported, the alien may apply for adjustment of status only in deportation proceedings
Written by the judges who cited it.
The opinion
*123 Opinion for the Court filed by Circuit Judge GINSBURG.
Dissenting opinion filed by