BIA Precedent Chart CA- CR | EOIRCANCELLATION OF REMOVAL (SPECIAL RULE)Availability of Waiver. Matter of Y- N- P- , 2. The Americans with Disabilities Act Title II Technical Assistance Manual Covering State and Local Government Programs and Services Introduction. This technical. Earlier this summer, probationary firefighter Gabe Cummings completed eight weeks of recruit training with the Williston Fire Department before being ultimately. Slavery is, in the strictest sense of the term, any system in which principles of property law are applied to people, allowing individuals to own, buy and sell other. I& N Dec. 1. 0 (BIA 2. An applicant for special rule cancellation of removal under section 2. A(b)(2) of the Immigration and Nationality Act, 8 U. S. C. § 1. 22. 9b(b)(2) (2. Act, 8 U. S. C. § 1. A(b)(2)(A)(iv) bar resulting from inadmissibility under section 2. Continuous Physical Presence. Matter of Garcia, 2. I& N Dec. 1. 79 (BIA 2. An application for special rule cancellation of removal is a continuing one, so an applicant can continue to accrue physical presence until the issuance of a final administrative decision. Matter of Ortega- Cabrera, 2. I& N Dec. 7. 93 (BIA 2. Cuadra v. Gonzales, 4. F. 3d 9. 47 (8th Cir. Matter of Castro- Lopez, 2. I& N Dec. 6. 93 (BIA 2. The 1. 0 years of continuous physical presence required by 8 C. F. R. § 1. 24. 0. Nicaraguan Adjustment and Central American Relief Act, Pub. L. No. 1. 05- 1. 00, tit. II, 1. 11 Stat. 2. Pub. L. No. 1. 05- 1. Stat. 2. 64. 4 (1. ![]() E-1 Population Estimates for Cities, Counties, and the State — January 1, 20. May 2017. E-1 2017 Press Release; E-1 Cities, Counties, and the State. C. F. R. § 1. 24. Battered Spouse. Matter of A- M- , 2. I& N Dec. 6. 6 (BIA 2. Notwithstanding the heading of section 2. A(b) of the Immigration and Nationality Act, 8 U. S. C. § 1. 22. 9b(b) (2. ![]() A(b)(2) of the Act.(2) Given the nature and purpose of the relief of cancellation of removal for battered spouses under section 2. A(b)(2) of the Act, such factors as an alien's divorce from an abusive spouse, remarriage, and previous self- petition for relief based on the abusive marriage are relevant in determining whether an application for that relief should be granted in the exercise of discretion. Matter of M- L- M- A- , 2. I& N Dec. 3. 60 (BIA 2. Because an application for special rule cancellation of removal under section 2. A(b)(2) of the Immigration and Nationality Act, 8 U. S. C. § 1. 22. 9b(b)(2) (2. Act, 8 U. S. C. § 1. Matter of Garcia, 2. I& N Dec. 1. 79 (BIA 2. Matter of Ortega- Cabrera, 2. I& N Dec. 7. 93 (BIA 2. Although the respondent was divorced from her abusive husband and subsequently had a long- term relationship with another man, she had not previously been granted special rule cancellation of removal based on her abusive marriage and had significant equities that merited a favorable exercise of discretion. Matter of A- M- , 2. I& N Dec. 6. 6 (BIA 2. Good Moral Character. Matter of M- L- M- A- , 2. I& N Dec. 3. 60 (BIA 2. Because an application for special rule cancellation of removal under section 2. A(b)(2) of the Immigration and Nationality Act, 8 U. S. C. § 1. 22. 9b(b)(2) (2. Act, 8 U. S. C. § 1. Matter of Garcia, 2. I& N Dec. 1. 79 (BIA 2. Matter of Ortega- Cabrera, 2. I& N Dec. 7. 93 (BIA 2. Although the respondent was divorced from her abusive husband and subsequently had a long- term relationship with another man, she had not previously been granted special rule cancellation of removal based on her abusive marriage and had significant equities that merited a favorable exercise of discretion. Matter of A- M- , 2. I& N Dec. 6. 6 (BIA 2. CHILD STATUS PROTECTION ACTMatter of Avila- Perez, 2. I& N Dec. 7. 8 (BIA 2. Section 2. 01(f)(1) of the Immigration and Nationality Act, 8 U. S. C. § 1. 15. 1(f)(1) (Supp. II 2. 00. 2), which allows the beneficiary of an immediate relative visa petition to retain his status as a "child" after he turns 2. August 6, 2. 00. 2, effective date of the Child Status Protection Act, Pub. L. No. 1. 07- 2. 08, 1. Stat. 9. 27 (2. 00. The respondent, whose visa petition was approved before August 6, 2. Matter of Zamora- Molina, 2. I& N Dec. 6. 06 (BIA 2. Section 2. 01(f)(2) of the Immigration and Nationality Act, 8 U. S. C. § 1. 15. 1(f)(2) (2. A) of the Act, 8 U. S. C. § 1. 15. 3(a)(2)(A) (2. Pursuant to section 2. Act, an alien's actual, not adjusted, age on the date of his or her parent's naturalization determines whether he or she is an immediate relative.(3) Section 2. Act, 8 U. S. C. § 1. A- preference status by opting out of automatic conversion to the first- preference category as a son or daughter of a United States citizen upon his or her parent's naturalization. CITIZENSHIPAcquisition of Citizenship by a Child. Matter of Fuentes- Martinez, 2. I& N Dec. 8. 93 (BIA 1. A child who has satisfied the statutory conditions of section 3. Immigration and Nationality Act, 8 U. S. C. §1. 43. 2(a) (1. United States citizenship regardless of the child's age at the time the amendments to that section by the Act of October 5, 1. Pub. L. No. 9. 5- 4. Stat. 9. 17 ("1. 97. Amendments"), took effect.(2) The respondent, who was 1. United States at that time as a lawful permanent resident while under the age of 1. United States citizen, even though he was already 1. Amendments took effect. Matter of Rodriguez- Tejedor, 2. I& N Dec. 1. 53 (BIA 2. The automatic citizenship provisions of section 3. Immigration and Nationality Act, 8 U. S. C. § 1. 43. 1 (1. Child Citizenship Act of 2. Pub. L. No. 1. 06- 3. Stat. 1. 63. 1 ("CCA"), are not retroactive and, consequently, do not apply to an individual who resided in the United States with his United States citizen parents as a lawful permanent resident while under the age of 1. CCA effective date.(2) The respondent, who resided in the United States with his United States citizen adoptive parents as a lawful permanent resident while under the age of 1. CCA effective date, is ineligible for automatic citizenship under section 3. Act. Matter of Navas- Acosta, 2. I& N Dec. 5. 86 (BIA 2. United States nationality cannot be acquired by taking an oath of allegiance pursuant to an application for naturalization, because birth and naturalization are the only means of acquiring United States nationality under the Immigration and Nationality Act.(2) The respondent, who was born abroad and did not acquire United States nationality at birth, by naturalization, or by congressional action, failed to establish such nationality by declaring his allegiance to the United States in connection with an application for naturalization. Matter of Rowe, 2. I& N Dec. 9. 62 (BIA 2. Under the laws of Guyana, the sole means of legitimation of a child born out of wedlock is the marriage of the child's natural parents. Matter of Goorahoo, 2. I& N Dec. 7. 82 (BIA 1. Where the respondent was born out of wedlock in Guyana and his natural parents were never married, his paternity has not been established by legitimation, so he is not ineligible to obtain derivative citizenship under former section 3. Immigration and Nationality Act, 8 U. S. C. § 1. 43. 2(a)(3) (1. Matter of Hines, 2. I& N Dec. 5. 44 (BIA 2. Under Jamaican law, the sole means of "legitimation" of a child born out of wedlock is the marriage of the child's natural parents. Matter of Clahar, 1. I& N Dec. 1 (BIA 1. The respondent was born in Jamaica of natural parents who never married, and therefore his paternity was not established "by legitimation" so as to disqualify him from deriving United States citizenship pursuant to former section 3. Immigration and Nationality Act, 8 U. S. C. § 1. 43. 2(a)(3) (1. Matter of Nwozuzu, 2. I& N Dec. 6. 09 (BIA 2. To obtain derivative citizenship under former section 3. Immigration and Nationality Act, 8 U. S. C. § 1. 43. 2(a) (1. Matter of Guzman- Gomez, 2. I& N Dec. 8. 24 (BIA 2. The terms child and parent defined at section 1. Immigration and Nationality Act, 8 U. S. C. § 1. 10. 1(c) (2. A person born outside the United States cannot derive United States citizenship under section 3. Act, 8 U. S. C. § 1. Matter of Douglas, 2. I& N Dec. 1. 97 (BIA 2. A child who has satisfied the statutory conditions of former section 3. Immigration and Nationality Act, 8 U. S. C. § 4. 32(a) (2. United States citizenship, regardless of whether the naturalized parent acquired legal custody of the child before or after the naturalization. Matter of Baires, 2. I& N Dec. 4. 67 (BIA 2. Jordon v. Attorney General of U. S., 4. 24 F. 3d 3. Cir. 2. 00. 5), not followed. Matter of Cross, 2. I& N Dec. 4. 78 (BIA 2. A person born out of wedlock may qualify as a legitimated "child" of his or her biological parents under section 1. Immigration and Nationality Act, 8 U. S. C. § 1. 10. 1(c)(1) (2. State that has eliminated all legal distinctions between children based on the marital status of their parents or had a residence or domicile in such a country or State (including a State within the United States), if otherwise eligible. Matter of Hines, 2. I& N Dec. 5. 44 (BIA 2. Matter of Rowe, 2. I& N Dec. 9. 62 (BIA 2. Matter of Clahar, 1. I& N Dec. 1 (BIA 1.
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