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IN THE MATTER OF LOK

21 Cited authorities

  1. Elkins v. Moreno

    435 U.S. 647 (1978)   Cited 169 times   1 Legal Analyses
    Holding that whether resident aliens can become domiciliaries of Maryland is a matter of state law the federal courts should leave to state courts as a matter of comity

  2. Francis v. Immigration Naturalization Serv

    532 F.2d 268 (2d Cir. 1976)   Cited 249 times   2 Legal Analyses
    Holding that "fundamental fairness" dictates that § 212(c) apply to resident aliens in deportation as well as exclusion proceedings

  3. Noel v. Chapman

    508 F.2d 1023 (2d Cir. 1975)   Cited 88 times
    Discussing definition of "general statement of policy"

  4. Lok v. Immigration & Naturalization Service

    548 F.2d 37 (2d Cir. 1977)   Cited 65 times
    Holding that domicile for purposes of § 212(c) relief can only be established while under lawful status

  5. Castillo-Felix v. Immig. Naturalization Serv

    601 F.2d 459 (9th Cir. 1979)   Cited 53 times
    Holding that aliens who "are here for a temporary purpose" yet intend to remain in the country "violate the terms of their admission and are no longer here lawfully"

  6. Holley v. Lavine

    553 F.2d 845 (2d Cir. 1977)   Cited 50 times
    Determining that an alien who resided in the United States illegally but possessed an official letter from the INS stating that the agency did not contemplate enforcing her departure at that time, was “permanently residing in the United States under color of law” within the meaning of a regulation implementing the Social Security Act

  7. United States ex Rel. Parco v. Morris

    426 F. Supp. 976 (E.D. Pa. 1977)   Cited 28 times
    Discussing an INS policy that allowed aliens to "await the availability of a [Third Preference] visa while remaining in this country" under "extended voluntary departure"

  8. Anwo v. Immigration & Naturalization Service

    607 F.2d 435 (D.C. Cir. 1979)   Cited 25 times
    Holding that if an F-1 student visa holder "did intend to make the United States his permanent home and domicile, then he violated the conditions of his student visa and was not here ‘lawfully’ "

  9. Chim Ming v. Marks

    505 F.2d 1170 (2d Cir. 1974)   Cited 10 times

    Nos. 43, 75, Dockets 74-1280, 74-1281. Argued September 23, 1974. Decided November 8, 1974. Jules E. Coven, New York City, for appellants. Joseph P. Marro, Asst. U.S. Atty. (Paul J. Curran, U.S. Atty., for the Southern District of New York, Gerald A. Rosenberg, Asst. U.S. Atty., of counsel), for appellees. Appeal from the United States District Court for the Southern District of New York. Before LUMBARD, FEINBERG and OAKES, Circuit Judges. PER CURIAM: These consolidated appeals raise essentially

  10. Chim Ming v. Marks

    367 F. Supp. 673 (S.D.N.Y. 1973)   Cited 10 times

    367 F.Supp. 673 (S.D.N.Y. 1973) CHIM MING, Plaintiff, v. Sol MARKS, as District Director of the Immigration and Naturalization Service for the District of New York, and William P. Rogers, as Secretary of State of the United States of America, Defendants. LAM YIM YIM et al., Plaintiffs, v. Sol MARKS, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant. Nos. 73 Civ. 545, 73 Civ. 1342. United States District Court, S.D. New York. Nov. 27, 1973 Lebenkoff

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,782 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,953 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,909 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  14. Section 1105a - Employment authorization for battered spouses of certain nonimmigrants

    8 U.S.C. § 1105a   Cited 2,576 times   1 Legal Analyses
    Requiring appellate courts to uphold the Board's conclusions if "supported by reasonable, substantial, and probative evidence on the record as a whole"

  15. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  16. Section 1256 - Rescission of adjustment of status; effect upon naturalized citizen

    8 U.S.C. § 1256   Cited 117 times
    Providing for rescission of adjusted status if within five years it appears the alien "was not in fact eligible for such adjustment of status" when it was granted

  17. Section 1282 - Conditional permits to land temporarily

    8 U.S.C. § 1282   Cited 90 times

    (a) Period of time No alien crewman shall be permitted to land temporarily in the United States except as provided in this section and sections 1182(d)(3), (5) and 1283 of this title. If an immigration officer finds upon examination that an alien crewman is a nonimmigrant under paragraph (15)(D) of section 1101(a) of this title and is otherwise admissible and has agreed to accept such permit, he may, in his discretion, grant the crewman a conditional permit to land temporarily pursuant to regulations

  18. Section 1257 - Adjustment of status of certain resident aliens to nonimmigrant status; exceptions

    8 U.S.C. § 1257   Cited 16 times

    (a) The status of an alien lawfully admitted for permanent residence shall be adjusted by the Attorney General, under such regulations as he may prescribe, to that of a nonimmigrant under paragraph (15)(A), (E), or (G) of section 1101(a) of this title, if such alien had at the time of admission or subsequently acquires an occupational status which would, if he were seeking admission to the United States, entitle him to a nonimmigrant status under such paragraphs. As of the date of the Attorney General's

  19. Section 252.1 - Examination of crewmen

    8 C.F.R. § 252.1   Cited 10 times
    Referencing “conditional landing permit”