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In the Matter of M____ D____ S

2 Citing cases

  1. Gooch v. Clark

    433 F.2d 74 (9th Cir. 1970)   Cited 14 times
    Holding that "green card commuters" can be lawfully admitted for permanent residence despite physically residing in Canada or Mexico and crossing the border to work

    We are not dealing with an ad hoc admission practice, unknown to Congress or uncontrolled by the Service. The Board of Immigration Appeals has established, by administrative case law, clear rules as to who is entitled to commuter status and how that status can be lost. E.g., Matter of M______ D______ S______ L______ G______ W______ D______ C______ (Bd.Imm.App. 1958) 8 I. N. Dec. 209. At least in this context, we read the regulation requirement of ยง 1181(b) to be permissive. Section 1181(b) was amended in 1965.

  2. Saxbe v. Bustos

    419 U.S. 65 (1974)   Cited 64 times
    Holding that daily and seasonal alien commuters qualify as immigrant aliens rather than as nonimmigrant aliens

    Matter of D ____ C ____, 3 I. N. Dec. 519 (1949); Matter of L. ____, 4 I. N. Dec. 454 (1951).Matter of M ____ D ____ S ____, 8 I. N. Dec. 209 (1958); Matter of Bailey, 11 I. N. Dec. 466 (1966); Matter of Burciaga-Salcedo, 11 I. N. Dec. 665 (1966); Matter of Gerhard, 12 I. N. Dec. 556 (1967); Matter of Wighton, 13 I. N. Dec. 683 (1971); Matter of Hoffman-Arvayo, 13 I. N. Dec. 750 (1971). The changes relevant to commuters in the 1965 amendments were, as stated in Gooch, minor and technical and contain no suggestion of a change in the commuter problem, 433 F.2d, at 80-81.