Legal Opinion
Martha Beatriz Ibarra De Varela Samuel Varela-Ibarra Karen Paulina Varela-Ibarra Luis Armando Varela-Ibarra v. John Ashcroft
Court of Appeals for the Eighth Circuit
Decided May 13, 2004No. 02-3969PublishedCited by 15 opinions
1Opinion of the Court
RILEY, Circuit Judge.
Martha Beatriz Ibarra de Varela (Vare-la), a native and citizen of Mexico, petitions for review of a final order of removal issued by the Board of Immigration Appeals (BIA). The BIA held Varela was statutorily ineligible to adjust her status to that of a permanent resident based upon the immigrant visa petition filed by her former husband, a United States citizen, because the Immigration and Naturalization Service (INS) denied her immigrant visa petition in 1997 for failure to prosecute. Furthermore, the BIA held the INS could not be equitably estopped, because Varela…
2Cases cited7 opinions
- Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
- Oscar Socop-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
- Immigration & Naturalization Service v. MirandaSupreme Court of the United States · 1982
- Montana v. KennedySupreme Court of the United States · 1961
- Claudia Escudero-Corona v. Immigration and Naturalization Service Janet Reno, Attorney General of the United States of AmericaCourt of Appeals for the Eighth Circuit · 2001
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3Cited by15 opinions
- Ahmed v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Titilayo Falaja, Adebayo Falaja v. Alberto Gonzales, Attorney General of the United States of America, 1Court of Appeals for the Eighth Circuit · 2005
- Averianova v. MukaseyCourt of Appeals for the Eighth Circuit · 2007
- Bartlett v. United States Department of AgricultureCourt of Appeals for the Eighth Circuit · 2013
- Castillo v. RidgeCourt of Appeals for the Eighth Circuit · 2006
10 more not listed; retrieve them via the Exa API.