Margarita Montejo Yong v. Immigration and Naturalization Service

Margarita Montejo YONG, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Margarita Montejo Yong v. Immigration & Naturalization Serv., 459 F.2d 1004 (9th Cir. 1972)

Court: Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided: June 19, 1972
Docket: No. 71-2184
Judges: Duniway, Hufstedler, Choy
Citations: 459 F.2d 1004

Cited by 12 2 descriptions by later courts Original from court

Opinion — Per Curiam

PER CURIAM:

Petitioner seeks review of an order of the Board of Immigration Appeals dismissing her appeal from a decision of the special inquiry officer denying her application for suspension of deportation, pursuant to 8 U.S.C. § 1254 .

In rejecting her application the Board and the special inquiry officer relied on Matter of Lee (B.I.A.1966) 11 I & N.

*1005 Dec. 649. After the decisions had been rendered, this court overruled Matter of Lee in Asimakopoulos v. Immigration and Naturalization Service (9th Cir. 1971) 445 F.2d 1362 .

The erroneous application of Matter of Lee, alone would require reversal. In addition, however, we find error in the special inquiry officer’s determination that the sole basis of petitioner’s hardship claim was economic. It is undisputed that deportation would separate petitioner from her husband who is lawfully within the United States as a student. Separation from one’s spouse entails substantially more than economic hardship.

The order is reversed and the cause is remanded for further proceedings consistent with the views herein expressed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(threatened separation from spouse lawfully in U.S. on student visa)

Narciso Edgardo Inciong Villena v. Immigration & Naturalization Serv., 622 F.2d 1352 (9th Cir. 1980)

Cited by 12 cases

View all citing references →

U.S. Courts of Appeals12

Relies on it most ⓘ

Juan Cerrillo-Perez and Magdalena Cerrillo-Garcia v. Immigration and Naturalization Service809 F.2d 1419 (9th Cir. 1987)
Domingo Bastidas v. Immigration and Naturalization Service609 F.2d 101 (3d Cir. 1979)
Dong Hyung Lee v. Immigration & Naturalization Service550 F.2d 554 (9th Cir. 1977) · Dissent
Narciso Edgardo Inciong Villena v. Immigration & Naturalization Service622 F.2d 1352 (9th Cir. 1980)
Erodina Urbano De Malaluan v. Immigration and Naturalization Service577 F.2d 589 (9th Cir. 1978)
Rosa Mejia-Carrillo, Juan Antonio Banuelos-Mejia v. United States Immigration and Naturalization Service656 F.2d 520 (9th Cir. 1981)

Most recent

Clement C. Nwabueze v. U.S. Immigration and Naturalization Service976 F.2d 737 (9th Cir. 1992)
Juan Cerrillo-Perez and Magdalena Cerrillo-Garcia v. Immigration and Naturalization Service809 F.2d 1419 (9th Cir. 1987)
Sebastian Diaz-Salazar v. Immigration and Naturalization Service, and the Board of Immigration Appeals700 F.2d 1156 (7th Cir. 1983)
Rosa Mejia-Carrillo, Juan Antonio Banuelos-Mejia v. United States Immigration and Naturalization Service656 F.2d 520 (9th Cir. 1981)
Marcos Barrera-Leyva v. Immigration and Naturalization Service637 F.2d 640 (9th Cir. 1980)
Jong Ha Wang and Kyung Hwa Wang v. Immigration & Naturalization Service622 F.2d 1341 (9th Cir. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Ioannis Georgios Asimakopoulos & Maria Asimakopoulos v. Immigration & Naturalization Serv., 445 F.2d 1362 (9th Cir. 1971)	15

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