PEREIRA

Citations

• 19 I. & N. Dec. 169

Syllabus

PEREIRA, 19 I&N Dec. 169 (BIA 1984) ID 2978 (PDF) (1) Under current rescission regulations, the statute of limitations prescribed in section 246(a) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1256(a)(1982), is tolled by the issuance of a Notice of Intent to Rescind within 5 years of the respondent's adjustment of status. Quintana v. Holland, 255 F.2d 161 (3d Cir. 1958), distinguished. (2) Section 241(f) of the Act, 8 U.S.C. Sec. 1251(f)(1982), by its very terms, refers only to a deportation proceeding and is not applicable to rescission proceedings instituted to determine an alien's eligibility for a previous grant of adjustment of status.