HERNANDEZ-PUENTE
Citations
- 20 I. & N. Dec. 335
Syllabus
HERNANDEZ-PUENTE, 20 I&N Dec. 335 (BIA 1991) ID 3153 (PDF) (1) The Board of ImmigrationAppeals and the immigration judges are without authority to apply thedoctrine of equitable estoppel against the Immigration and NaturalizationService so as to preclude it from undertaking a lawful course of actionthat it is empowered to pursue by statute and regulation. (2) The Service has noauthority to grant an application for adjustment of status nunc pro tuncunder section 245 of the Immigration and Nationality Act, 8 U.S.C. §1255 (1988). (3) As the Board hasno jurisdiction, according to 8 C.F.R. § 245.2(a)(5) (1991), to reviewa district director's decision to deny adjustment of status, it followsthat the Board also lacks jurisdiction to review or remedy a failure of the Service to act on the application.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing divorce action abates upon death of one of the parties before judgment of divorce and stating rule does not apply when divorce was granted before death
- recognizing divorce action abates upon death of one of the parties before judgment of divorce and stating rule does not apply when divorce was granted before death
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