8 CFR 246.1 - Notice
Cite as | 8 CFR 246.1 |
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31 practice notes
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Sharkey v. Quarantillo, Docket No. 06-1397-cv.
...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......
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Offiiong v. Holder, Civil Action No. H–11–0418.
...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......
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Ali v. Reno, No. 93 Civ. 4661 (CLB) and 93 Civ. 4683 (CLB).
...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......
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Agarwal v. Napolitano, No. EP-07-CV-373-KC.
...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......
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30 cases
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Sharkey v. Quarantillo, Docket No. 06-1397-cv.
...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......
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Offiiong v. Holder, Civil Action No. H–11–0418.
...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......
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Ali v. Reno, No. 93 Civ. 4661 (CLB) and 93 Civ. 4683 (CLB).
...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......
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Agarwal v. Napolitano, No. EP-07-CV-373-KC.
...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