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· 6/10/1986

Neil Monet v. Immigration & Naturalization Service

Citations

  • 791 F.2d 752
  • 1986 U.S. App. LEXIS 26021

How courts have described this case

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

  • recognizing that in Costello v. INS, supra, there was no issue as to whether the petitioner had lawfully acquired his naturalized status
  • holding that the alien was ineligible for section 212(c) relief because he concealed a drug conviction when he adjusted his status and therefore was not lawfully admitted
  • concluding that an alien who had concealed a prior drug conviction in obtaining permanent resident status had not been “lawfully” granted that status and could not seek discretionary waiver of deportation
  • “The term ‘lawfully’ denotes compliance with substantive legal requirements, not mere procedural regularity . . . .”
  • “Admission is not lawful if it is regular only in form. The term ‘lawfully denotes compliance with substantive legal requirements, not mere procedural regularity[.]” (citation and quotation marks omitted)
  • “[A] narrow reading of the term ‘lawfully admitted’ distorts its meaning. Admission is not lawful 3 if it is regular only in form. The term ‘lawfully’ denotes compliance with substantive legal requirements, 4 not mere procedural regularity, ....”

Source: CourtListener parenthetical corpus (CC0).

Judges: Skopil, Fletcher, Alarcon

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.