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Herman Saldana v. Immigration and Naturalization Service

Herman SALDANA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Saldana v. Immigration & Naturalization Serv., 785 F.2d 650 (9th Cir. 1986)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 28, 1986
Docket
Nos. 84-7118, 84-7549
Judges
Goodwin, Fletcher, Pregerson
Citations
785 F.2d 650

Opinion

ORDER On page 826 of 762 F.2d, under A.

Standard of Review delete the following:

Motions to reopen and motions to reconsider are not substitutes for hearings. The function of the BIA in dealing with these motions is not to determine whether the alien is eligible for relief under section 1254(a)(1). Rather, the BIA merely must determine whether the alien has set forth a prima facie showing that the deportation will result in extreme hardship.

See Reyes v. INS, 673 F.2d 1087, 1089 (9th Cir.1982);

Hamid v. INS, 648 F.2d 635, 636 (9th Cir.1981).

On page 827, 6 lines above B.

Merits, change “Reyes, 673 F.2d at 1089” to “Reyes v. INS, 673 F.2d 1087, 1089 (9th Cir.1982)”.

On page 827, at the end of the 1st full paragraph following B.

Merits, add a footnote which will become footnote 1 and will read:

This holding is not inconsistent with INS v. Wang, 450 U.S. 139 (1980), because it merely requires that the BIA consider all the relevant evidence before making its determination of extreme hardship. Moreover, the instant case can be distinguished from Wang in two ways. First, in Wang , the Supreme Court expressly noted that the BIA had “considered the facts alleged.”

Wang, 450 U.S. at 144 . Therefore, the Court was not faced with the issue whether the BIA abuses its discretion when it fails to consider all the evidence. Second, the allegations in Wang contained nothing to indicate that it was a “particularly unusual case.”

Id.

at 145 . Whereas, the recent violent death of Mrs. Saldana’s first husband, who is also the father of Saldana’s step-children, presents a unique situation. Nor is our decision in conflict with INS v. Rios-Pineda, — U.S.-, 105 S.Ct. 2098, 2103 (1985). We do not attempt to impose any particular definition of hardship on the BIA and, therefore, do not encroach on the Attorney General’s authority.

On page 827, 2nd col., change the call for footnote 1 to footnote 2.

On page 829 in the penultimate paragraph of this opinion, delete: “Moreover, rather than merely looking to a dated record, the BIA should examine the issue of extreme hardship in light of current circumstances.

See Chookhae v. INS, No. 84-7198 (9th Cir. April 1, 1985) (per curiam).”

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 11 cases

View all citing references →
1986: 11993: 21994: 31995: 31996: 11999: 119862026peak 1994 · 3

Relies on it most ⓘ

  1. Oscar Padilla-Agustin v. Immigration & Naturalization Service21 F.3d 970 (9th Cir. 1994)
  2. Zenaida Adviento WATKINS v. IMMIGRATION AND NATURALIZATION SERVICE63 F.3d 844 (9th Cir. 1995)
  3. Maria Miriam Turri v. Immigration & Naturalization Service997 F.2d 1306 (10th Cir. 1993)
  4. Herman Saldana v. Immigration and Naturalization Service762 F.2d 824 (9th Cir. 1986)
  5. CERVANTES22 I. & N. Dec. 560 (BIA 1999)
  6. O-J-O21 I. & N. Dec. 381 (BIA 1996)

Most recent

  1. CERVANTES22 I. & N. Dec. 560 (BIA 1999)
  2. O-J-O21 I. & N. Dec. 381 (BIA 1996)
  3. Zenaida Adviento WATKINS v. IMMIGRATION AND NATURALIZATION SERVICE63 F.3d 844 (9th Cir. 1995)
  4. Wilfredo Dacuycuy v. Immigration & Naturalization Service46 F.3d 1140 (9th Cir. 1995)
  5. Hossein Hamzavi v. Immigration and Naturalization Service46 F.3d 1141 (9th Cir. 1995)
  6. Mohammad Taghi Daneshmand v. Immigration & Naturalization Service42 F.3d 1406 (10th Cir. 1994)

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 4

DepthCaseCited by
Immigration & Naturalization Serv. v. Jong Ha Wang, 450 U.S. 139 (1981) 482
Evangelina Igno Reyes v. Immigration & Naturalization Serv., 673 F.2d 1087 (9th Cir. 1982) 47
Immigration & Naturalization Serv. v. Rios-Pineda, 471 U.S. 444 (1985) 322
Tariq Hamid v. Immigration & Naturalization Serv., 648 F.2d 635 (9th Cir. 1981) 17

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