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(DOWNLOAD) "Cobian-Hernandez v. Immigration and Naturalization Service" by Seventh Circuit United States Court of Appeals * Book PDF Kindle ePub Free

Cobian-Hernandez v. Immigration and Naturalization Service

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eBook details

  • Title: Cobian-Hernandez v. Immigration and Naturalization Service
  • Author : Seventh Circuit United States Court of Appeals
  • Release Date : January 29, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

These three cases were argued together because they present a common question, Viz., whether Section 241(f) of the Immigration and Nationality Act precludes deportability based on a finding that the aliens were excludable at the time of their entry because they did not meet the labor certification requirements of Section 212(a)(14) of the Act. We answer the question in the negative and affirm the deportation orders. The three petitioners (described throughout this opinion by the foreparts of their surnames) entered the United States claiming they were married to United States citizens and that they were therefore exempt from the labor certification requirements of Section 212(a)(14) of the Act.1 Subsequently each of them procured divorces, remarried, and fathered United States citizen children by their new wives. Show cause orders were issued by the respondent against petitioners asserting that they were deportable under Section 241(a)(1) of the Act (8 U.S.C. § 1251(a)(1)) for various reasons: (1) all three petitioners were excludable for lacking the labor certification required by Section 212(a)(14); (2) Cobian and Carpintero were also excludable under Section 212(a)(19) because they procured their visas by fraud, namely, their sham marriages to United States citizens;2 and Arevalo and Carpintero were additionally excludable under Section 212(a)(20) for want of a valid immigration visa at entry.3 The petitioners claim that as parents of United States citizens they are exempt from deportation under Section 241(f) of the Act (8 U.S.C. § 1251(f)).4


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