PENA-DIAZ
Citations
- 20 I. & N. Dec. 841
Syllabus
PENA-DIAZ, 20 I&N Dec. 841 (BIA 1994) ID 3225 (PDF) (1) When an alien becomeseligible for a new form of relief from deportation due to the Immigrationand Naturalization Service's intentional lack of enforcement of a finalorder of deportation, it is appropriate to consider this factor in decidingwhether or not the proceedings should be reopened in the exercise of discretionand whether the alien has established statutory eligibility for the reliefsought upon reopening. (2) In granting the respondent'smotion to reopen deportation proceedings, consideration and weight wereaccorded to the Service's affirmative permission for the respondent toremain in the United States, its failure to show any intent to effecthis deportation if the motion were denied, and its inconsistent actionsin granting the respondent's request for deferred action status and subsequentlyopposing his motion to reopen proceedings.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Although the court in Loengard applied the six year limitations period where the remedy sought was equitable ... the six year period has been applied where the damages alone have been sought.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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