Victor Arguelles-Vasquez v. Immigration and Naturalization Service

Ninth Circuit

Victor Arguelles-Vasquez v. Immigration and Naturalization Service

844 F.2d 700, 1988 U.S. App. LEXIS 5782

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 19, 1988

Docket84-7697

StatusPublished

Cited by4 cases

This text of 844 F.2d 700 (Victor Arguelles-Vasquez v. Immigration and Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Victor Arguelles-Vasquez v. Immigration and Naturalization Service, 844 F.2d 700, 1988 U.S. App. LEXIS 5782 (9th Cir. 1988).

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Opinion

ORDER

On July 1, 1987, we stayed proceedings in this case until further order pending disposition of petitioner’s application for legalization under the Immigration Reform and Control Act of 1986.

On December 11, 1987, the Petitioner’s status was adjusted to “that of an alien lawfully admitted for temporary residence,” pursuant to the Immigration Reform and Control Act, 8 U.S.C. § 1255a(a). Under the applicable statutes and regulations, the petitioner must now wait a minimum of 18 months, and at a maximum 30 months, before he can apply for permanent residency. 53 Fed.Reg. 9280 (March 21, 1988) (to be codified at 8 C.F.R. § 245a(4)(c)).

The petitioner now consents to a dismissal of this petition for review. We therefore dismiss the petition without prejudice to reinstatement. If, by termination of his temporary status, by denial of his application for permanent residency, or by any other means, the petitioner becomes subject to deportation pursuant to the order of deportation now under review, he may refile his petition for review. If the petitioner refiles his petition, the clerk shall assign the case to a three-judge panel in the normal manner.

*701 The three-judge panel’s opinion, reported at 786 F.2d 1433 (9th Cir.1986) is vacated.

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ORDER

On July 1, 1987, we stayed proceedings in this case until further order pending disposition of petitioner’s application for legalization under the Immigration Reform and Control Act of 1986.

On December 11, 1987, the Petitioner’s status was adjusted to “that of an alien lawfully admitted for temporary residence,” pursuant to the Immigration Reform and Control Act, 8 U.S.C. § 1255a(a). Under the applicable statutes and regulations, the petitioner must now wait a minimum of 18 months, and at a maximum 30 months, before he can apply for permanent residency. 53 Fed.Reg. 9280 (March 21, 1988) (to be codified at 8 C.F.R. § 245a(4)(c)).

The petitioner now consents to a dismissal of this petition for review. We therefore dismiss the petition without prejudice to reinstatement. If, by termination of his temporary status, by denial of his application for permanent residency, or by any other means, the petitioner becomes subject to deportation pursuant to the order of deportation now under review, he may refile his petition for review. If the petitioner refiles his petition, the clerk shall assign the case to a three-judge panel in the normal manner.

*701 The three-judge panel’s opinion, reported at 786 F.2d 1433 (9th Cir.1986) is vacated.

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844 F.2d 700, 1988 U.S. App. LEXIS 5782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victor-arguelles-vasquez-v-immigration-and-naturalization-service-ca9-1988.

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