Enrique Valentin Oviedo Melian v. Immigration and Naturalization Service

How courts have described this case

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

• defining “lawful domicile” under section 212(c) without reference to permanent residence, as “at least the simultaneous existence of lawful physical presence in the United States and lawful intent to remain in the United States”
• defining “lawful domi- cile” under section 212(c) without reference to permanent residence, as “at least the simultaneous existence of lawful physical presence in the United States and lawful intent to remain in the United States indefinitely”
• outlining the approach, but finding that it did not ultimately have to decide whether the INS was incorrect because under either interpretation the alien had not achieved seven years of lawful residency
• alien on temporary visitor visa cannot lawfully establish intent to remain since maintenance of foreign domicile required
• temporary visitor-for-pleasure visa requires maintenance of foreign domicile

Source: CourtListener parenthetical corpus (CC0).