Legal Opinion
Norma Andalis Bagamasbad v. Immigration and Naturalization Service
Court of Appeals for the Third Circuit
Decided March 8, 1976No. 74-1440PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The narrow issue presented in this alien’s petition for review of an order of the Board of Immigration Appeals is whether Section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a),1 requires the Attorney General to make an eligibility determination before he can exercise his discretion. The Board held that the immigration judge could pretermit the eligibility issue and could deny the application for status adjustment as an exercise of discretion. We set aside the Board’s order and remand for further proceedings.
Petitioner, a native…
2Cases cited9 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Foti v. Immigration & Naturalization ServiceSupreme Court of the United States · 1963
- Jay v. BoydSupreme Court of the United States · 1956
- Rusk v. CortSupreme Court of the United States · 1962
- Zalmai Sayyad Ameeriar and Ayesha Zalmai Ameeriar v. Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Immigration & Naturalization Service v. BagamasbadSupreme Court of the United States · 1976
- Giuseppe Marino v. Immigration & Naturalization Service, United States Department of JusticeCourt of Appeals for the Second Circuit · 1976
- Thomas Leblanc and Marie Margaret Leblanc v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1983
- Giuseppe Giambanco v. Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 1976
- Margaret J. Randall v. Edwin Meese, Iii, Attorney GeneralCourt of Appeals for the D.C. Circuit · 1988
8 more not listed; retrieve them via the Exa API.