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Keywords

attorneystatuteappealhearingnaturalizationstatute of limitationsliens
attorneystatutenaturalizationstatute of limitations

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Singh v. Immigration and Naturalization Service

Facts

Jiwan Singh, a citizen of India, entered the U.S. as a non-immigrant student and later married a U.S. citizen. He applied for adjustment of status, which was granted by the Immigration and Naturalization Service (INS). Within five years, the INS notified Singh of its intent to rescind his adjustment, alleging that his marriage was not valid for immigration purposes. Singh requested a hearing, but the special inquiry officer terminated the proceeding, citing the five-year limitation. The Board of Immigration Appeals later reversed this decision, leading to Singh's appeal to the District Court.

Jiwan Singh is a citizen of India who entered the United States as a non-immigrant student on January 10, 1959. On July 24, 1963, he married a United States citizen, and thereafter he applied to the Immigration and Naturalization Service for adjustment of his status to that of an alien admitted to the United States for permanent residence. The Service… granted the adjustment of status on October 18, 1963.

Issue

Whether the service of a notice of intention to rescind an adjustment of status tolls the five-year statute of limitations under 246(a) of the Immigration and Nationality Act.

Whether the service of a notice of intention to rescind an adjustment of status tolls the five-year statute of limitations under 246(a) of the Immigration and Nationality Act.

Rule

Section 246(a) of the Immigration and Nationality Act provides that if it appears to the Attorney General that a person was not eligible for adjustment of status within five years, the Attorney General shall rescind the adjustment.

Section 246(a) of the Act, 8 U.S.C. 1256(a), provides, in part, 'If, at any time within five years after the status of a person has been otherwise adjusted… the Attorney General shall rescind the action taken granting an adjustment of status to such person…'

Analysis

The court analyzed the language of 246(a) and determined that it does not explicitly require a final decision within the five-year period, allowing for the possibility that service of a notice could toll the statute of limitations. The court expressed concern that requiring a decision within five years could lead to hasty adjudications, which would not serve the interests of justice for the aliens involved.

The court analyzed the language of 246(a) and determined that it does not explicitly require a final decision within the five-year period, allowing for the possibility that service of a notice could toll the statute of limitations.

Conclusion

The court reversed the District Court's decision and remanded the case to the Immigration and Naturalization Service for further proceedings, holding that the statute of limitations could be tolled by the service of a notice of intent to rescind.

The decision of the District Court is reversed, and the matter is remanded to the Immigration and Naturalization Service for further proceedings consistent herewith.

Who won?

The Immigration and Naturalization Service prevailed in the case because the court found their interpretation of the statute more persuasive, allowing for the tolling of the statute of limitations.

The court found the Service's arguments more persuasive than Singh's and, accordingly, reverse the District Court's decision.

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