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Keywords

appealmotionvisadeportationnaturalizationliens
appealhearingmotionvisadeportationnaturalizationliens

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Skelly v. Immigration and Naturalization Service

Facts

Petitioner, Esther Skelly, entered the United States on September 29, 1975, as an immigrant based on her marriage to a U.S. citizen. She was charged with deportation for failing to meet labor certification requirements. Although her marriage was annulled shortly after entry, the immigration authorities charged her with lack of a valid labor certificate, not fraud. After several legal proceedings, her motion to reopen deportation proceedings was denied, leading to her appeal.

Petitioner, Esther Skelly, entered the United States on September 29, 1975, as an immigrant pursuant to 8 U.S.C. 1151(b) on the basis that she was an immediate relative, that is, the spouse of a United States citizen. On February 13, 1976, the Immigration and Naturalization Service issued petitioner an order to show cause and notice of hearing. The charge was that she was subject to deportation pursuant to 8 U.C.S. 1251(a)(1) because, at the time of her entry, she was within one or more classes of aliens excludable by law existing at the time of such entry, to wit, aliens who are seeking to enter for the purpose of performing skilled or unskilled labor and in whose case the Secretary of Labor has not made the certification as provided by 8 U.S.C. 1182(a)(14).

Issue

The question presented is whether 241(f) of the Immigration and Nationality Act precludes the deportation of petitioner by forgiving a violation of 212(a)(14) because at the time of entry she was excludable due to not meeting the labor certification requirements.

The question presented is whether 241(f) of the Immigration and Nationality Act precludes the deportation of petitioner by forgiving a violation of 212(a)(14) because at the time of entry she was excludable because of not being able to meet the labor certification requirements of 212(a)(14) of the Act, 8 U.S.C. 1182(a)(14).

Rule

The provisions of this section relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens who have sought to procure, or have procured visas or other documentation, or entry into the United States by fraud or misrepresentation shall not apply to an alien, otherwise admissible at the time of entry who is the spouse, parent, or a child of a United States citizen or of an alien lawfully admitted for permanent residence.

The provisions of this section relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens who have sought to procure, or have procured visas or other documentation, or entry into the United States by fraud or misrepresentation shall not apply to an alien, otherwise admissible at the time of entry who is the spouse, parent, or a child of a United States citizen or of an alien lawfully admitted for permanent residence.

Analysis

The court analyzed the applicability of 241(f) to the petitioner's case, determining that her deportation was based on her failure to obtain a labor certificate, which was a separate and independent ground for her deportation. The court noted that the forgiveness provision of 241(f) does not extend to violations of labor certification requirements, as these are not related to fraud or misrepresentation. Therefore, the court concluded that the petitioner did not qualify for the waiver.

The court analyzed the applicability of 241(f) to the petitioner's case, determining that her deportation was based on her failure to obtain a labor certificate, which was a separate and independent ground for her deportation. The court noted that the forgiveness provision of 241(f) does not extend to violations of labor certification requirements, as these are not related to fraud or misrepresentation. Therefore, the court concluded that the petitioner did not qualify for the waiver.

Conclusion

The court affirmed the denial of the petitioner's motion to reopen deportation proceedings, holding that she did not qualify for a waiver of deportation under 241(f) because her deportation was based on her failure to have a valid labor certificate.

The court affirmed the denial of the petitioner's motion to reopen deportation proceedings, holding that she did not qualify for a waiver of deportation under 241(f) because her deportation was based on her failure to have a valid labor certificate.

Who won?

The Immigration and Naturalization Service prevailed in the case because the court upheld the Board of Immigration Appeals' decision, affirming that the petitioner did not qualify for a waiver of deportation.

The Immigration and Naturalization Service prevailed in the case because the court upheld the Board of Immigration Appeals' decision, affirming that the petitioner did not qualify for a waiver of deportation.

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