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Agency decision · Agency decision
CHARGE: Order to Show Cause: Act of 1952—Section 241(a) (2) [8 U.S.C. 1251(a) (2)l—neummeo longer roan toe pernOttet1 period after admission as a nonimmigrant seaman. … Concerning the element of voluntariness, the following comments were set out in the Nishikawa case: * * * Petitioner contends that voluntariness is an element of the expatriating act, and as such must
Executive Office for Immigration ReviewAgency decision · Agency decision
Lodged : Refugee Relief Act of 1953—Section 7(b)—Ineligible for visa issued pursuant to section 4(a) (12) of Refugee Relief Act of 133.? … We shall briefly comment upon some of the cosec cited by the Service in support of its position. United States v.
Executive Office for Immigration ReviewAgency decision · Agency decision
I am writing separately because the Immigration Judge’s thoughtful equal protection analysis, which would have resulted in a waiver grant in this case, requires further comment. … She entered the United States from Bolivia in 1989 as a nonimmigrant visitor for pleasure and overstayed the period of her admission in that status.
Executive Office for Immigration ReviewAgency decision · Agency decision
United States prior to the age of 23 and by having been physically present in this country continuously for a 5-year period between the ages of 14 and 28. … Lee You Fee was, in fact, born in China on July 16, 1935, a date subsequent to May 24, 1934, The Government brief referred to the comments and analysis of the Immigration and Naturalization Service on
Executive Office for Immigration ReviewAgency decision · Agency decision
For these convictions, the applicant was fined $5000 and placed on probation for a period of 3 years. … In particular, the Court commented that, without the requirement of knowledge of illegality, the statute would criminalize otherwise innocent conduct.
Executive Office for Immigration ReviewAgency decision · Agency decision
The request was granted on May 7, 1991, This provision has been revised and redesignated as section 241(a)(2)(B) of the Act, 8 Immigration Act of 1990, Pub. L. … The respondent also admitted that he used cocaine himself during this period of time.
Executive Office for Immigration ReviewAgency decision · Agency decision
Most Cuban refugees are able to accumulate very few resources in a two-year period." " It is found, therefore, that the statutory ground of ineligibility asserted by the Regional Commissioner is not sustained … In that regard we note his comments previously quoted. "My children are already permanent residents and we wish ours too. In that way we can get better jobs and be better citizens.
Executive Office for Immigration ReviewAgency decision · Agency decision
The period of imprisonment was from November 1950 until about November 1953. … due caution and circumspection, of a lawful act which might produce death.
Executive Office for Immigration ReviewAgency decision · Agency decision
The petitioner seeks classification as an alien entrepreneur pursuant to section 203(b)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(5), and section 610 of the Appropriations Act of 1993 … The $290,000 balloon payment is not due until well after the two-year period.
Executive Office for Immigration ReviewAgency decision · Agency decision
We may properly comment upon the pending extradition proceed- ings only to the extent that references to those proceedings are necessary to our decision in the matter before us. … Counsel contends that the six-month period during which respondent might have been taken into custody under the present order has run.
Executive Office for Immigration ReviewAgency decision · Agency decision
Second, it is clear from the record that the respondent has established the necessary physical presence in the United States and his good moral character for the qualifying period. … I concur in the majority opinion, but would add the following comment.
Executive Office for Immigration ReviewAgency decision · Agency decision
may at any time when the ends of justice will be subserved thereby, and when 595 Interim Decision #2052 the good conduct and reform of the person so held on probation shall warrant it, terminate the period … One further comment is required before we leave this subject. In Talavera, the Service presented a letter dated December 2, 1966 from the judge who modified his original order.
Executive Office for Immigration ReviewCite as 25 I&N Dec. 748 (BIA 2012)
Agency decision · Agency decision
During that period, the relevant legislative history does not reflect that the inclusion of “murder” as an aggravated felony in the Act was the subject of any amendment, and there was no extensive reporting … See Model Penal Code § 2.08(2).10 The unavailability of the argument that intoxication prevented the formation of a malicious state of mind has been criticized by some commentators.
Executive Office for Immigration ReviewAgency decision · Agency decision
With increasing vigor, the courts have recently commented on the fact that in immigration cases frivolous appeals have been taken solely for purposes of delay, e.g., Wong Ram Cheung v. … Section 101 (b) (4), Immigration and Nationality Act, 8 U.S.C. 1101(b) (4).
Executive Office for Immigration ReviewAgency decision · Agency decision
, to the works of jurists and commentators who by years of labor, research, and experience have made themselves peculiarly well acquabited with the subjects of which they treat. … It is designed to allow an alien to remain in the United States for an indefinite period of time, such as is sought here.
Executive Office for Immigration ReviewAgency decision · Agency decision
The record before us reflects that during the period of the respondent's active membership in the PIRA, that organization's use of random bombings of civilian targets increased. … Comparing terrorist activities directed at the civilian population with those of the anarchist, the court concluded: , As recent commentators have stated, "an offense having its impact upon the citizenry
Executive Office for Immigration ReviewCite as 26 I&N Dec. 108 (BIA 2013)
Agency decision · Agency decision
See generally 20 C.F.R. § 656.17 (2012). 2 The respondent maintains that the labor certification was effectively withdrawn by his employer before the 45-day period expired. … Subsequently, in an interim rule and request for public comment, the former INS again explained that it considered a labor certification “properly filed” when the ETA 750 was accepted for processing by
Executive Office for Immigration ReviewProcedures for Asylum and Bars to Asylum Eligibility
Federal Register · Proposed Rule · Dec 19, 2019
DATES: Written or electronic comments must be submitted on or before January 21, 2020. Written comments postmarked on or before that date will be considered timely. … Follow the instructions for submitting comments.
84 FR 69640Homeland Security DepartmentU.S. Citizenship and Immigration ServicesAgency decision · Agency decision
The respondent appealed, arguing that he was not allowed an opportunity to contest the motion to terminate proceedings and that, contrary to the comments in the order, he was opposed to termination. … II 1996), for being inadmissible under section 212(a)(6) of the Act, because he can prove that he has been “physically present in the United States continuously for the 2year period immediately prior to
Executive Office for Immigration ReviewAgency decision · Agency decision
Section 243(h)(2)(B) of the Act. … It describes the common methods of torture reported to include “suspension for long periods in contorted positions, burning with cigarettes, and, most frequently, severe and repeated beatings with cables
Executive Office for Immigration Review
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