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In the Matter of Gabryelsky

20 I&N Dec. 750 (B.I.A. 1993)
In the Matter of Gabryelsky

13 Cited authorities

  1. Francis v. Immigration Naturalization Serv

    532 F.2d 268 (2d Cir. 1976)   Cited 249 times   2 Legal Analyses
    Holding that "fundamental fairness" dictates that § 212(c) apply to resident aliens in deportation as well as exclusion proceedings

  2. Trench v. I.N.S.

    783 F.2d 181 (10th Cir. 1986)   Cited 42 times
    Holding that due process does not require allowing a petitioner to "collaterally attack the legitimacy of state criminal conviction[] in deportation proceeding[]"

  3. Aguilera-Enriquez v. Immigration Nat. Serv

    516 F.2d 565 (6th Cir. 1975)   Cited 56 times   1 Legal Analyses
    Discussing Pino and finality for immigration purposes

  4. Bedoya-Valencia v. I.N.S.

    6 F.3d 891 (2d Cir. 1993)   Cited 27 times
    Holding that, "[a]t least with respect to entry without inspection, a ground of deportation that could not conceivably have such an analogue, there is no basis in statutory text or legislative purpose to preclude [this] modest extension of the Francis rule."

  5. Kin Sang Chow v. Immigration & Naturalization Service

    12 F.3d 34 (5th Cir. 1993)   Cited 22 times
    Holding that IMMAct "completely supersedes all former versions of legislation dealing with deportation for firearm offenses."

  6. Okabe v. Immigration and Naturalization Serv

    671 F.2d 863 (5th Cir. 1982)   Cited 35 times
    Holding that offering a bribe is a CIMT because "a corrupt mind is an essential element of the offense"

  7. Zinnanti v. Immigration Naturalization Serv

    651 F.2d 420 (5th Cir. 1981)   Cited 35 times
    Holding that immigration authorities must look solely to judicial record of final conviction and may not make independent assessment of the validity of a guilty plea

  8. Tibke v. Immigration and Naturalization Service

    335 F.2d 42 (2d Cir. 1964)   Cited 13 times
    Holding that adjustment of status was permitted even if deportable alien had entered the country as a lawful permanent resident

  9. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,902 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  10. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,894 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  11. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  12. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,222 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

  13. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,132 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility