Legal Opinion
McCreath v. Holder
Court of Appeals for the First Circuit
Decided July 21, 2009No. 08-2276PublishedCited by 7 opinions
1Opinion of the Court
LYNCH, Chief Judge.
Petitioner Franklin H. McCreath seeks to avoid removal by arguing the Board of Immigration Appeals (“BIA”) erred in denying him adjustment of status. See 8 U.S.C. § 1255. He argues, inter alia, that the BIA was required to remand an issue to the Immigration Judge (“IJ”) of whether he qualified for adjustment of status under an equitable exception described in In re Magana, 17 I. & N. Dec. 111 (B.I.A. 1979), rather than resolve the issue itself. We deny the petition for review.
McCreath, a native and citizen of Jamaica, sought adjustment of status on the basis of two form…
2Cases cited10 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Scatambuli v. HolderCourt of Appeals for the First Circuit · 2009
- Kandamar v. GonzalesCourt of Appeals for the First Circuit · 2006
- Jupiter v. AshcroftCourt of Appeals for the First Circuit · 2005
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3Cited by7 opinions
- Jafarzadeh v. DukeDistrict Court, District of Columbia · 2017
- CHUN XIN CHI v. HolderCourt of Appeals for the First Circuit · 2010
- Alvarado v. WhitakerCourt of Appeals for the First Circuit · 2019
- Sandhu v. United StatesDistrict Court, E.D. New York · 2013
- Rojas-Perez v. Holder, Jr.Court of Appeals for the First Circuit · 2012
2 more not listed; retrieve them via the Exa API.