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· 1/12/2010

Carpio v. Holder

Citations

  • 592 F.3d 1091
  • 2010 U.S. App. LEXIS 710
  • 2010 WL 93107

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that allowing eligibility to hinge on the agency’s speed could “violate[] basic principles of common sense and fairness”
  • stating that the CSPA “applies to petitioners seeking classification (1) as an immediate relative of a United States citizen; (2) as the child of a lawful permanent resident; (3) as the child of an applicant for employment-based permanent residence; (4
  • describing the post-IMFA requirement that K-visa holders file an application for adjustment of status in order to obtain lawful permanent residence
  • applying the framework set forth in Skidmore v. Swift & Co., 323 U.S. 134 (1944), to unpublished, single-member decision by the BIA
  • “We examine ‘the thoroughness evident in the BIA’s consideration, the validity of its reasoning, and its consistency with earlier and later pronouncements.’ ” (alterations omitted
  • “If the interpretation is not precedential within the agency, then the interpretation does not qualify for Chevron deference.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Henry, Murphy, Tymkovich

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.