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In re Cavazos

17 I. & N. Dec. 215 (1980)

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In re Cavazos

Board of Immigration Appeals

17 I. & N. Dec. 215 (1980)

Facts

Cavazos (plaintiff) was a native and citizen of Mexico who lived in a community adjacent to the United States border. Cavazos testified that he frequently traveled to and from the United States without any difficulties with immigration authorities. Cavazos had a child born in the United States in 1974. In 1976, Cavazos married the child’s mother, who was also a United States citizen. On the date of his wedding, Cavazos entered the United States with a border-crossing card. At his initial immigration hearing, Cavazos conceded deportability as a nonimmigrant who remained longer than permitted. Cavazos later filed a motion to reopen his deportation proceedings and requested adjustment of his status based on an approved, immediate-relative visa petition. The immigration judge (IJ) determined that Cavazos was eligible for adjustment but denied the request in his exercise of discretion after finding that Cavazos entered the United States with a preconceived intent to remain permanently. Cavazos’s preconceived intent was the only negative factor cited by the IJ in denying Cavazos’s request. Cavazos appealed the IJ’s decision.

Rule of Law

Issue

Holding and Reasoning (Milhollan, J.)

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