Legal Opinion

Om Prakash Jain v. Immigration and Naturalization Service

Court of Appeals for the Second Circuit

Decided December 21, 1979No. 437, Docket 79-4138PublishedCited by 35 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

Om Prakash Jain, a citizen of India in this country on a nonimmigrant business visa, petitions for review of a decision of the Board of Immigration Appeals, which denied his application for adjustment of status under section 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255. The Board based its denial, in the exercise of its discretion, on a finding that petitioner entered the United States with a preconceived intent to remain permanently in this country. Petitioner’s principal claim is that this is an improper reason for denying relief under section 245. For…

2Cases cited6 opinions

  1. Paul Ching-Szu Chen v. R. William Foley, District Director of Immigration and Naturalization Service of United States Department of JusticeCourt of Appeals for the Sixth Circuit · 1967
  2. Zalmai Sayyad Ameeriar and Ayesha Zalmai Ameeriar v. Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 1971
  3. Madhukant Jinabhai Mehta v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1978
  4. Soo Yuen v. United States Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1972
  5. Adnan Sadik Faddah and Laina Kaarina Faddah v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Debra A. Howell v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1995
  2. Wladyslaw Felzcerek v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1996
  3. Lin Qi-Zhuo v. Doris Meissner, Commissioner, United States Immigration and Naturalization ServiceCourt of Appeals for the D.C. Circuit · 1995
  4. Michele Chiaramonte v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1980
  5. Drax v. RenoCourt of Appeals for the Second Circuit · 2003

30 more not listed; retrieve them via the Exa API.

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