February 13,2008
九哥綠卡學: Wittenberg v. I.N.S., 1993 WL 384554 (9th Cir.)
...
Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of paragraphs (1)-(25), (30), and (31) of [§ 1182(a) ].
8 U.S.C. § 1182(c). To be eligible for relief, a petitioner must establish that: (1) he was lawfully admitted for permanent residence; (2) without being under an order of deportation, he proceeded abroad temporarily and voluntarily; (3) he has established a domicile in the United States of seven years; and (4) he "deserves the favorable exercise of discretion." [FN4]The Act defines the first requirement: "The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed." 8 U.S.C. § 1101(a)(20). Lawfully accorded permanent residence may be based on a valid immigrant visa. An immigrant's status does not change simply upon leaving the country for a period. See Gooch v. Clark, 433 F.2d 74, 79 (9th Cir.1970), cert. denied, 402 U.S. 995 (1971) ("the definition refers not to the actuality of one's residence but to one's status under the immigration laws") (emphasis in original). [FN5] Permanent resident status "changes" within the meaning of Section 1101(a)(20) when the alien is excluded or deported. No uniform rule of decision exists for determining when an alien in deportation or exclusion proceedings loses his permanent residence status. See Matter of Cerna, Int.Dec. 3161 (BIA 1991) (appendix analyzing the conflicting holdings of Second, Fifth, Ninth and Eleventh Circuits). We recently held that an alien's "status" does not "change" until the administrative determination is final. Butros, 990 F.2d at 1145, overruling Gonzales v. INS, 921 F.2d 236 (9th Cir.1990) ("[t]he Board erred in determining that the statutory language on change of status [§ 1101(a)(20) ] applies to an alien whose case may be appealed, reconsidered, or reopened"). Upon actual deportation, Sections 1101(a)(20) and 1182(c) interact to preclude relief. The deportee's status has "changed" (8 U.S.C. § 1101(a)(20)) and his "proceed [ing] abroad ... [is] under an order of deportation" (8 U.S.C. § 1182(c)).
Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of paragraphs (1)-(25), (30), and (31) of [§ 1182(a) ].
8 U.S.C. § 1182(c). To be eligible for relief, a petitioner must establish that: (1) he was lawfully admitted for permanent residence; (2) without being under an order of deportation, he proceeded abroad temporarily and voluntarily; (3) he has established a domicile in the United States of seven years; and (4) he "deserves the favorable exercise of discretion." [FN4]The Act defines the first requirement: "The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed." 8 U.S.C. § 1101(a)(20). Lawfully accorded permanent residence may be based on a valid immigrant visa. An immigrant's status does not change simply upon leaving the country for a period. See Gooch v. Clark, 433 F.2d 74, 79 (9th Cir.1970), cert. denied, 402 U.S. 995 (1971) ("the definition refers not to the actuality of one's residence but to one's status under the immigration laws") (emphasis in original). [FN5] Permanent resident status "changes" within the meaning of Section 1101(a)(20) when the alien is excluded or deported. No uniform rule of decision exists for determining when an alien in deportation or exclusion proceedings loses his permanent residence status. See Matter of Cerna, Int.Dec. 3161 (BIA 1991) (appendix analyzing the conflicting holdings of Second, Fifth, Ninth and Eleventh Circuits). We recently held that an alien's "status" does not "change" until the administrative determination is final. Butros, 990 F.2d at 1145, overruling Gonzales v. INS, 921 F.2d 236 (9th Cir.1990) ("[t]he Board erred in determining that the statutory language on change of status [§ 1101(a)(20) ] applies to an alien whose case may be appealed, reconsidered, or reopened"). Upon actual deportation, Sections 1101(a)(20) and 1182(c) interact to preclude relief. The deportee's status has "changed" (8 U.S.C. § 1101(a)(20)) and his "proceed [ing] abroad ... [is] under an order of deportation" (8 U.S.C. § 1182(c)).
九哥綠卡學: 8 C.F.R. § 101.2
8 C.F.R. § 101.2
An alien who entered the United States as either an immigrant or nonimmigrant under any of the following circumstances shall be regarded as having been lawfully admitted in such status, except as otherwise provided in this part: An alien otherwise admissible whose entry was made and recorded under other than his full true and correct name or whose entry record contains errors in recording sex, names of relatives, or names of foreign places of birth or residence, provided that he establishes by clear, unequivocal, and convincing evidence that the record of the claimed admission relates to him, and, if entry occurred on or after May 22, 1918, if under other than his full, true and correct name that he also establishes that the name was not adopted for the purpose of concealing his identity when obtaining a passport or visa, or for the purpose of using the passport or visa of another person or otherwise evading any provision of the immigration laws, and that the name used at the time of entry was one by which he had been known for a sufficient length of time prior to making application for a passport or visa to have permitted the issuing authority or authorities to have made any necessary investigation concerning him or that his true identity was known to such officials.
[32 FR 9622, July 4, 1967]
SOURCE: 54 FR 5927, Feb. 7, 1989; 68 FR 10923, March 6, 2003; 68 FR 35275, June 13, 2003, unless otherwise noted.
AUTHORITY: 8 U.S.C. 1103, 8 CFR Part 2.
8 C. F. R. § 101.2, 8 CFR § 101.2
Current through January 31, 2008; 73 FR 6006
An alien who entered the United States as either an immigrant or nonimmigrant under any of the following circumstances shall be regarded as having been lawfully admitted in such status, except as otherwise provided in this part: An alien otherwise admissible whose entry was made and recorded under other than his full true and correct name or whose entry record contains errors in recording sex, names of relatives, or names of foreign places of birth or residence, provided that he establishes by clear, unequivocal, and convincing evidence that the record of the claimed admission relates to him, and, if entry occurred on or after May 22, 1918, if under other than his full, true and correct name that he also establishes that the name was not adopted for the purpose of concealing his identity when obtaining a passport or visa, or for the purpose of using the passport or visa of another person or otherwise evading any provision of the immigration laws, and that the name used at the time of entry was one by which he had been known for a sufficient length of time prior to making application for a passport or visa to have permitted the issuing authority or authorities to have made any necessary investigation concerning him or that his true identity was known to such officials.
[32 FR 9622, July 4, 1967]
SOURCE: 54 FR 5927, Feb. 7, 1989; 68 FR 10923, March 6, 2003; 68 FR 35275, June 13, 2003, unless otherwise noted.
AUTHORITY: 8 U.S.C. 1103, 8 CFR Part 2.
8 C. F. R. § 101.2, 8 CFR § 101.2
Current through January 31, 2008; 73 FR 6006
九哥綠卡學: Ahmed v. Ashcroft, 286 F.3d 611
...
Generally, in order to gain admission into the United States, an immigrant must present a valid, unexpired immigrant visa as well as a valid, unexpired passport or other travel document. 8 U.S.C. § 1181(a). If a person fails to produce such documents, § 1182(a)(7)(A)(i)(I) requires that he or she be excluded. An immigrant seeking admission who is a “returning resident,” however, may be readmitted into the United States without entry documents. 8 U.S.C. § 1181(b). A returning resident is a lawful permanent resident returning from a “temporary visit abroad.” 8 U.S.C. § 1101(a)(27)(A). The determinative issue here is whether the nine year period during which Ahmed lived and worked in Bahrain and Yemen after *613 receiving lawful permanent resident status in the United States qualifies as a “temporary visit abroad.”
Our cases establish that a temporary visit abroad requires that “the intention of the departing immigrant must be to return within a period relatively short, fixed by some early event.” United States ex rel. Lesto v. Day, 21 F.2d 307, 308-09 (2d Cir.1927). When the length of the visit is not fixed by some early event but instead relies upon an event with a reasonable possibly of occurring within a short period of time, what constitutes a temporary visit “cannot be defined in terms of elapsed time alone.” United States ex rel. Polymeris v. Trudell, 49 F.2d 730, 732 (2d Cir.1931). “Then the intention of the visitor, when it can be determined, will control.” Id. In such a case, however, the intention of the visitor must still be “to return within a period relatively short, fixed by some early event.” Id. ...繼續閱讀
Generally, in order to gain admission into the United States, an immigrant must present a valid, unexpired immigrant visa as well as a valid, unexpired passport or other travel document. 8 U.S.C. § 1181(a). If a person fails to produce such documents, § 1182(a)(7)(A)(i)(I) requires that he or she be excluded. An immigrant seeking admission who is a “returning resident,” however, may be readmitted into the United States without entry documents. 8 U.S.C. § 1181(b). A returning resident is a lawful permanent resident returning from a “temporary visit abroad.” 8 U.S.C. § 1101(a)(27)(A). The determinative issue here is whether the nine year period during which Ahmed lived and worked in Bahrain and Yemen after *613 receiving lawful permanent resident status in the United States qualifies as a “temporary visit abroad.”
Our cases establish that a temporary visit abroad requires that “the intention of the departing immigrant must be to return within a period relatively short, fixed by some early event.” United States ex rel. Lesto v. Day, 21 F.2d 307, 308-09 (2d Cir.1927). When the length of the visit is not fixed by some early event but instead relies upon an event with a reasonable possibly of occurring within a short period of time, what constitutes a temporary visit “cannot be defined in terms of elapsed time alone.” United States ex rel. Polymeris v. Trudell, 49 F.2d 730, 732 (2d Cir.1931). “Then the intention of the visitor, when it can be determined, will control.” Id. In such a case, however, the intention of the visitor must still be “to return within a period relatively short, fixed by some early event.” Id. ...繼續閱讀
February 5,2008
February 4,2008
台灣命運共同體-謝長廷
台灣命運共同體
1987年，謝長廷與趙少康在台大校友會館辯論台灣與中國前途時，謝長廷首度提出「台灣命運共同體」的概念。「台灣命運共同體」是以文化為出發點，共有三個層次：一是政治層次，台灣二千三百萬人，面對中國的威脅和壓力，命運是一樣的。二、台灣經濟發展要考慮到，不是短期的經濟利益，因為生態、環境，司法、法治與教育制度，都是我們生存的基礎，不能為了短期的經濟利益，破壞共同生存的基礎。三、社會弱勢關懷、合理制度的建立，是永久安定的基礎，社會就此意義而言，是命運共同體，就是社會一體同命。
(謝長廷談台灣命運共同體（新文化教室），從共生到台灣主體，2005年謝長廷有關台灣命運共同體的闡述)
1987年，謝長廷與趙少康在台大校友會館辯論台灣與中國前途時，謝長廷首度提出「台灣命運共同體」的概念。「台灣命運共同體」是以文化為出發點，共有三個層次：一是政治層次，台灣二千三百萬人，面對中國的威脅和壓力，命運是一樣的。二、台灣經濟發展要考慮到，不是短期的經濟利益，因為生態、環境，司法、法治與教育制度，都是我們生存的基礎，不能為了短期的經濟利益，破壞共同生存的基礎。三、社會弱勢關懷、合理制度的建立，是永久安定的基礎，社會就此意義而言，是命運共同體，就是社會一體同命。
(謝長廷談台灣命運共同體（新文化教室），從共生到台灣主體，2005年謝長廷有關台灣命運共同體的闡述)
February 2,2008
January 31,2008
January 30,2008
January 29,2008
![[Syndicate this site]](http://cdn.rimg.tw/images/blog/rss.gif "Syndicate RSS feed"){kind=small}
![[Syndicate this site]](http://cdn.rimg.tw/images/blog/atom.gif "Syndicate ATOM feed"){kind=small}
