AURELIO

Citations

• 19 I. & N. Dec. 458

Syllabus

AURELIO, 19 I&N Dec. 458 (BIA 1987) ID 3031 (PDF) (1) The immigration judges and the Board lack jurisdiction in exclusion and deportation proceedings to review a decision by the district director that revocation of a visa petition pursuantto 8 C.F.R. § 205.1(a)(3) (1987) is appropriate following the death of the petitioner. (2) An application for a waiver of inadmissibility under section 212(k) of the Immigration and Nationality Act, 8 U.S.C. § 1182(k) (1982), may be adjudicated by an immigration judge inexclusion proceedings under 8 C.F.R. § 212.10 (1987) without adjournment of the proceedings for consideration of the application by the district director. (3) A waiver of inadmissibility under section 212(k) of the Act was properly denied where the applicant knew about her father's death prior to issuance of her visa and failed to exercisereasonable diligence in ascertaining its effect on her immigration status.