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In re Butt

18 Cited authorities

  1. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,906 times   19 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

  2. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,809 times   119 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

  3. Linares Huarcaya v. Mukasey

    550 F.3d 224 (2d Cir. 2008)   Cited 28 times
    Holding that Agency permissibly construed regulation as to harmonize it with statutory scheme

  4. Ogundipe v. Mukasey

    541 F.3d 257 (4th Cir. 2008)   Cited 23 times
    Holding "that a visa petition is meritorious in fact for purposes of grandfathering ... if, based on the circumstances that existed at the time the petition was filed, the beneficiary of the petition qualified for the requested classification"

  5. Echevarría v. Keisler

    505 F.3d 16 (1st Cir. 2007)   Cited 21 times
    Holding that the beneficiary of a Form I–130 visa petition did not have standing to challenge a denied petition

  6. Butt v. Gonzales

    500 F.3d 130 (2d Cir. 2007)   Cited 17 times
    Reading the standard to "requir[e] that, based on the facts as they exist at the time of filing, the application should be granted"

  7. De Acosta v. Holder

    556 F.3d 16 (1st Cir. 2009)   Cited 6 times
    Keeping the burden on the petitioner while focusing on the definition of "properly filed"

  8. Lasprilla v. Ashcroft

    365 F.3d 98 (1st Cir. 2004)   Cited 10 times
    Holding that the BIA need not even “explain its reasons when deciding a motion to reconsider”

  9. Da Cunha v. Mukasey

    304 F. App'x 892 (1st Cir. 2008)   Cited 2 times

    No. 06-2225. December 24, 2008. On Petition for Review of an Order of The Board of Immigration Appeals. Jose L. DelCastillo and DelCastillo Associates, LLC, on brief for petitioner. Peter Keisler, Assistant Attorney General, Civil Division, Anthony W. Norwood, Senior Litigation Counsel, and Robbin K. Blaya, Attorney, Office of Immigration Litigation, U.S. Department of Justice, on brief for respondent. Before BOUDIN, HOWARD, Circuit Judges, and SAYLOR, District Judge. Of the District of Massachusetts

  10. Riero v. Holder

    337 F. App'x 71 (2d Cir. 2009)   Cited 1 times

    No. 07-3797-ag. July 16, 2009. Petition for review of an order of the Board of Immigration Appeals ("BIA"). ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Joseph M. Tapper, clayman, Tapper Baram, LLC, Bloomfield, CT, for Petitioner. Monica G. Antoun, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Dept. of Justice, (Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, and Susan K. Houser, Senior

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

    8 U.S.C. § 1255   Cited 2,894 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  12. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,223 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

  13. Section 205.1 - Automatic revocation

    8 C.F.R. § 205.1   Cited 93 times
    Clarifying that termination is automatic

  14. Section 245.10 - Adjustment of status upon payment of additional sum under section 245(i)

    8 C.F.R. § 245.10   Cited 79 times   1 Legal Analyses
    Defining "frivolous" to mean "patently without substance"

  15. Section 656.30 - Validity of and invalidation of labor certifications

    20 C.F.R. § 656.30   Cited 39 times

    (a)Priority date. (1) The filing date for a Schedule A occupation or sheepherders is the date the application was dated by the Immigration Officer. (2) The filing date, established under § 656.17(c) , of an approved labor certification may be used as a priority date by the Department of Homeland Security and the Department of State, as appropriate. (b)Expiration of labor certifications. For certifications resulting from applications filed under this part and 20 CFR part 656 in effect prior to March

  16. Section 656.21 - Supervised recruitment

    20 C.F.R. § 656.21   Cited 37 times
    Requiring information about alien's qualifications, which employer must provide on Application for Alien Employment Certification

  17. Section 656.17 - Basic labor certification process

    20 C.F.R. § 656.17   Cited 35 times   11 Legal Analyses
    Containing the regulations surrounding the basic labor certification process, including setting forth the typical pre-filing recruitment process, which requires employers to demonstrate that they advertised the position and took additional recruitment steps, such as conducting a job fair, on-campus recruiting, or used a private employment firm, among others

  18. Section 656.24 - Labor certification determinations

    20 C.F.R. § 656.24   Cited 24 times
    Describing narrow exceptions to the general prohibition on the submission of evidence in support of a request for reconsideration