[DOWNLOAD] "Spivey v. Rocha" by Ninth Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Spivey v. Rocha
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 22, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Liliana Konstantinova and her son Petre Konstantinov Petrov appeal the Board of Immigration Appeals ("BIA") denial of their motions to reopen their asylum application, and to remand in order to pursue their adjustment of status application. This court has jurisdiction pursuant to section 106(a) of the Immigration and Nationality Act ("INA"), 8 U.S.C. S 1105a(a), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). This case falls within IIRIRAs "transitional rules," which apply to deportation proceedings that were commenced before April 1, 1997 and resulted in final deportation orders issued after October 30, 1996. The transitional rules provide that, with certain exceptions not relevant here, the court of appeals has jurisdiction under old section 106(a) of the INA. We affirm the BIAs denial of the motion to reopen to allow petitioners to pursue their asylum application. Because we find that the BIA abused its discretion in denying the motion to remand, however, we reverse and order the BIA to allow petitioners to pursue their adjustment of status application before the Immigration Judge.
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