MENDES

Citations

• 20 I. & N. Dec. 833

Syllabus

MENDES, 20 I&N Dec. 833 (BIA 1994) ID 3224 (PDF) (1) Although the Immigrationand Nationality Act provides one ground of deportability where conditionalpermanent resident status has been terminated, it sets forth three meanswhereby such termination may take place, each reviewable in deportationproceedings. (2) Different proceduraland substantive consequences follow from which section of law the Immigrationand Naturalization Service applies in terminating an alien's conditionalpermanent resident status, including the allocation of the burdens ofproof in subsequent deportation proceedings. (3) Where the partiesto a marriage have jointly filed a Petition to Remove the Conditions onResidence (Form I-751) under section 216(c)(1) of the Act, 8 U.S.C. §1186a(c)(1) (1988), but one of the parties withdraws support from thepetition before its adjudication, the joint petition shall be consideredwithdrawn and shall be adjudicated under section 216(c)(2)(A) of the Act. (4) When a respondentin deportation proceedings has not filed an application for a waiver undersection 216(c)(4) of the Act and is prima facie eligible for such relief,the proceedings should be continued in order to grant the respondent areasonable opportunity to file the application before the regional servicecenter director and for the center director to decide the application.