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Board of Immigration Appeals· 7/1/1988

GUTIERREZ

Citations

  • 19 I. & N. Dec. 562

Syllabus

GUTIERREZ, 19 I&N Dec. 562 (BIA 1988) ID 3047 (PDF) (1) An immigration judge may permit an alien in exclusion proceedings to withdraw his application for admission however, an alien may not be permitted to withdraw his application for admission unless he satisfies the immigration judge that factors directly relating to the issue of his admissibility indicate that \justice may best be served\ by permitting withdrawal and that he possesses both the intent and the means to depart immediately from the United States. (2) A balancing of the equities test is not an appropriate method by which to determine whether an alien merits permission to withdraw an application for admission. (3) It was never contemplated that the withdrawal of an application for admission would become a nonstatutory form of \relief\ from excludability which an applicant could apply for after excludability became apparent. (4) Once the exclusion hearing has been conducted and the issues of excludability have been resolved, such permission should ordinarily only be granted with the concurrence of the Service.

How courts have described this case

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

  • indicating that the alien’s spouse’s eligibility for citizenship in one year was not a factor directly relating to the issue of the alien’s admissibility
  • holding an alien may not withdraw an admissibility application as a matter of right because allowing withdrawal is a discretionary decision of the IJ
  • “[E]ven if we were to disregard the applicant’s attempted fraudulent entry, we can discern no facts or circumstances relevant to the issue of his admissibility which suggest that justice demands that he be allowed to withdraw his application for admission.”

Source: CourtListener parenthetical corpus (CC0).

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