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In the Matter of Santillano

1 Citing case

  1. Keh Tong Chen v. Attorney General of the United States

    546 F. Supp. 1060 (D.D.C. 1982)   Cited 6 times
    Holding that "because the Regional Commissioner's decision may cause separation of a family, the Commissioner's failure to set forth specific findings in support of his conclusion about ‘exceptional hardship’ was arbitrary, capricious, and an abuse of discretion."

    In a majority of cases examined by the court which involve both a citizen-spouse and a citizen-child, the INS has waived the foreign residence requirement. Compare In re Cruikshank, 11 I. N. Dec. 558 (1966); In re Arabian, 11 I. N. Dec. 496 (1966); In re Duchneskie, 11 I. N. Dec. 583 (1966); In re Habib, 11 I. N. Dec. 464 (1965); In re Kim, 11 I. N. Dec. 509 (1965); In re Santillano, 11 I. N. Dec. 146 (1965); and In re Petuoglu, 11 I. N. Dec. 1 (1964) with Samala v. INS, 336 F.2d 7 (5th Cir. 1964) and In re Nghiem, 11 I. N. Dec. 541 (1966). The court recognizes that because Mrs. Chen is a native of Chen's country of origin, the INS' treatment of the case at hand may not deviate from the policy announced in Nassiri.