8 CFR 246.1 - Notice

Cite as8 CFR 246.1
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31 practice notes
  • Sharkey v. Quarantillo, Docket No. 06-1397-cv.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 3, 2008
    ...rescind an adjustment to LPR status, the USCIS has a non-discretionary duty to follow the mandatory rescission procedures, as set out in 8 C.F.R. § 246.1-7, which it did not do. Sharkey contends that the alleged rescission is reviewable under Firstland because Section 1252(a)(2)(B) does not......
  • Offiiong v. Holder, Civil Action No. H–11–0418.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • March 27, 2012
    ...status as required by law; (2) the INS violated the APA by canceling his lawful resident status without a hearing, as required by 8 C.F.R. § 246.1; and (3) that failure to provide a hearing violated his right to due process under the Fifth Amendment. Bassey, 2002 WL 31298854 at *2. “Under t......
  • Ali v. Reno, No. 93 Civ. 4661 (CLB) and 93 Civ. 4683 (CLB).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 16, 1993
    ...was advised that he had the right to assistance of counsel in preparation of the answer or in connection with a hearing. Id. See 8 C.F.R. § 246.1 (notice of intent to rescind and right to counsel provision); 8 C.F.R. § 3.16 (general right to counsel at no expense to the By letter dated Janu......
  • Agarwal v. Napolitano, No. EP-07-CV-373-KC.
    • United States
    • U.S. District Court — Western District of Texas
    • October 9, 2009
    ...at the time of granting (i.e. it was granted erroneously) then it must follow the formal procedure for revocation or rescission. See 8 C.F.R. § 246.1 ("If it appears to a district director that a person residing in his or her district was not in fact eligible for the adjustment of status ma......
  • Request a trial to view additional results
30 cases
  • Sharkey v. Quarantillo, Docket No. 06-1397-cv.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 3, 2008
    ...rescind an adjustment to LPR status, the USCIS has a non-discretionary duty to follow the mandatory rescission procedures, as set out in 8 C.F.R. § 246.1-7, which it did not do. Sharkey contends that the alleged rescission is reviewable under Firstland because Section 1252(a)(2)(B) does not......
  • Offiiong v. Holder, Civil Action No. H–11–0418.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • March 27, 2012
    ...status as required by law; (2) the INS violated the APA by canceling his lawful resident status without a hearing, as required by 8 C.F.R. § 246.1; and (3) that failure to provide a hearing violated his right to due process under the Fifth Amendment. Bassey, 2002 WL 31298854 at *2. “Under t......
  • Ali v. Reno, No. 93 Civ. 4661 (CLB) and 93 Civ. 4683 (CLB).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 16, 1993
    ...was advised that he had the right to assistance of counsel in preparation of the answer or in connection with a hearing. Id. See 8 C.F.R. § 246.1 (notice of intent to rescind and right to counsel provision); 8 C.F.R. § 3.16 (general right to counsel at no expense to the By letter dated Janu......
  • Agarwal v. Napolitano, No. EP-07-CV-373-KC.
    • United States
    • U.S. District Court — Western District of Texas
    • October 9, 2009
    ...at the time of granting (i.e. it was granted erroneously) then it must follow the formal procedure for revocation or rescission. See 8 C.F.R. § 246.1 ("If it appears to a district director that a person residing in his or her district was not in fact eligible for the adjustment of status ma......
  • Request a trial to view additional results

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