In the Matter of Reyes

22 Cited authorities

INS v. Bagamasbad
429 U.S. 24 (1976) Cited 844 times
Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons
Immigration & Naturalization Service v. Jong Ha Wang
450 U.S. 139 (1981) Cited 301 times
Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations
U.S. v. Pierce Auto Lines
327 U.S. 515 (1946) Cited 475 times
Finding by Interstate Commerce Commission that applicant for license is financially fit must have some factual foundation on the record
I.C.C. v. Jersey City
322 U.S. 503 (1944) Cited 267 times
In ICC v. Jersey City, 322 U.S. 503, 64 S.Ct. 1129, 88 L.Ed. 1420 (1944), the Supreme Court established the general rule that federal courts should be extremely reluctant to require an agency to reopen a record on the ground that the evidence has become stale.
Balani v. Immigration Naturalization Serv
669 F.2d 1157 (6th Cir. 1982) Cited 137 times
Holding that the BIA abuses its discretion if it denies a motion to reopen without providing a rational explanation
Urbano de Malaluan v. Immig. Naturalization
577 F.2d 589 (9th Cir. 1978) Cited 71 times
Rejecting the contention that a parent's "deportation order would amount to a de facto deportation of the child and thus violate the constitutional rights of the child"
Villena v. Immigration Naturalization Serv
622 F.2d 1352 (9th Cir. 1980) Cited 57 times
Holding that INS's failure to respond to alien's petition for preference classification for almost four years with no apparent justification for delay, estopped the INS from claiming that the alien failed to adequately pursue his claim for preference classification in deportation proceedings
Reyes v. Immigration Naturalization Service
673 F.2d 1087 (9th Cir. 1982) Cited 35 times
Distinguishing prior case finding no abuse of discretion by the Board because the Board found the evidence to be inherently unbelievable
Wang v. Immigration Naturalization
622 F.2d 1341 (9th Cir. 1980) Cited 34 times
In Wang, we relied on Urbano de Malaluan v. INS, 577 F.2d 589, 595 (9th Cir. 1978), and Choe v. INS, 597 F.2d 168, 170 (9th Cir. 1979) (per curiam), for the proposition that a hearing was necessary when a petitioner established a prima facie case of hardship.
Choe v. Immigration & Naturalization Service
597 F.2d 168 (9th Cir. 1979) Cited 15 times
No. 78-1390. April 4, 1979. On Petition for Review of a Decision of the Board of Immigration Appeals. Before CARTER and WRIGHT, Circuit Judges, and SOLOMON, District Judge. Senior District Judge, District of Oregon. PER CURIAM. Choe petitions for review of the denial of his motion to reopen his deportation proceedings. He contends that he should have been granted an evidentiary hearing on his application for suspension of deportation. We affirm the denial of his motion. Choe, a native and citizen
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,911 times 6 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1153 - Allocation of immigrant visas
8 U.S.C. § 1153 Cited 1,232 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"
Section 1254 - Repealed
8 U.S.C. § 1254 Cited 1,132 times 1 Legal Analyses
Describing suspension-of-deportation eligibility

In the Matter of Reyes

22 Cited authorities

Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons

Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations

Finding by Interstate Commerce Commission that applicant for license is financially fit must have some factual foundation on the record

In ICC v. Jersey City, 322 U.S. 503, 64 S.Ct. 1129, 88 L.Ed. 1420 (1944), the Supreme Court established the general rule that federal courts should be extremely reluctant to require an agency to reopen a record on the ground that the evidence has become stale.

Holding that the BIA abuses its discretion if it denies a motion to reopen without providing a rational explanation

Rejecting the contention that a parent's "deportation order would amount to a de facto deportation of the child and thus violate the constitutional rights of the child"

Holding that INS's failure to respond to alien's petition for preference classification for almost four years with no apparent justification for delay, estopped the INS from claiming that the alien failed to adequately pursue his claim for preference classification in deportation proceedings

Distinguishing prior case finding no abuse of discretion by the Board because the Board found the evidence to be inherently unbelievable

In Wang, we relied on Urbano de Malaluan v. INS, 577 F.2d 589, 595 (9th Cir. 1978), and Choe v. INS, 597 F.2d 168, 170 (9th Cir. 1979) (per curiam), for the proposition that a hearing was necessary when a petitioner established a prima facie case of hardship.

Listing classes of nonimmigrants, such as students and tourists

Delineating crimes that make alien deportable

Describing suspension-of-deportation eligibility