Legal Opinion
MAGANA
Board of Immigration Appeals
Decided July 1, 1979No. ID 2729PublishedCited by 20 opinions
1Opinion of the Court
Interim Decision # 2729 MATTER OF MAGANA In Deportation Proceedings A-34262770 Decided by Board September 27, 1979 (1) With regard to annulments, the relation-back doctrine, which treats marriages as if they had never existed, is a legal fiction designed to insure substantial justice, audit need not be applied in every case where a court has declared a marriage to be void or invalid ab initio. (2) In immigration cases dealing with the retroactivity of annulments, or of decrees of invalidity, the relation -back doctrine will he applied only where to do so would bring about a more just result.…
2Cases cited6 opinions
- Sefton v. SeftonCalifornia Supreme Court · 1955
- Lilia Nequinto Hendrix v. United States Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1978
- TENGBoard of Immigration Appeals · 1975
- WONGBoard of Immigration Appeals · 1977
- TBoard of Immigration Appeals · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- BURBANOBoard of Immigration Appeals · 1994
- PULABoard of Immigration Appeals · 1987
- Witter v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1997
- Poole v. MukaseyCourt of Appeals for the Second Circuit · 2008
- Averianova v. MukaseyCourt of Appeals for the Eighth Circuit · 2007
15 more not listed; retrieve them via the Exa API.