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China, People's Republic of:

Marriage Law:

Article 15; #2682

Colombia:

Decree 1269 of July 27, 1970; #2710
Law 20 of December 18, 1974; #2710
Law 57 of April 15, 1887; #2710
Dominican Republic:

Civil Code, Article 17, Law 1306-bis On
Divorce of May 21, 1937, of the
Dominican Republic; #2688

Civil Code, 1958, Article III, sec. 1;
#2641

Law 985 of August 31, 1945; #2641
Ecuador:

Codigo Civil [C. Civ. II] [La Precise
Catolica, Quito, 1957] Filiation under
the law of Ecuador; #2545
Codigo Civil [C. Civ. I] [Talleres
Graficos Nacionales, Quito, 1930];
#2545

Egypt:

India:

Adoptions & Maintenance Act of 1956:

sec. 5; #2620

sec. 8; #2620

sec. 9; #2620

Israel:

Criminal Act of 1936:

sec. 159; #2595

sec. 168; #2595

Jamaica:

Legitimation Act of Jamaica, II Jamaica
Law, C.217 (rev. ed. 1953) as
amended by the 1961 Jamaica Laws,
No. 18; # 2643

Status of Children Act of Jamaica, 1976;
#2643

Korea:

Civil Code of 1960:

Art. 781; # 2606

Art. 782; # 2606

Art. 909; #2606

Art. 974; #2606

"Consular Law" (Egyptian Official

Art. 984; #2606

Gazette, No. 78, August 13, 1925);
#2531

Art. 985; #2606

"Ordinance for the Ma'zuns" (Egyptian
Official Gazette, No. 25, February 27,
1915); #2531

El Salvador:

Civil Code:

Art. 217; # 2586

Art. 225(2); #2586

Art. 279; #2586

Ghana:

The courts Act, 1971, Act 372, sec. 50(3)

(ii); #2534

Great Britain:

Dangerous Drugs Act of 1965 (super-

seded); #2561, 2613

Misuse of Drugs Act 1971:

sec. 28(3) (b); #2613

Grenada:

Grenada Laws, C.161

amended; #2621

Haiti:

Art. 1014; # 2606
sec. 878(1); #2576
sec. 881; #2576
Mexico:

Constitution:

Art. 121; #2580

Art. 314; #2629

State of Chihuahua:

Civil Code:

Art. 367; #2705
Art. 886; #2705

State of Coahuila:

Civil Code:

Art. 272, par. 3; #2580
State of Tamaulipas:

Civil Code:

Art. 400; #2630

Art. 401; # 2630

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State of Zacatecas:

Civil Code:

Art. 65; #2580

Presidential Decree of 1966; adoption;
#2686

Presidential Decree of April 4, 1974;

#2686

Honduras:

Constitution of 1957; #2687

Constitution of 1965; #2687

Art. 228; #2580

Nigeria:

L.O.C. memo-Divorce in the East-

Central State of Nigeria between

persons married under Customary
Law (10/6/75); #2542

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121 Congressional Record H4039 et. seq.
(daily ed. May 14, 1975); # 2614
Convention on the Reduction of Stateless-
ness, U.N. Doc. A/CONF. 9/15 (August
29, 1961); # 2650

Foreign Affairs Manual, Vol. 9, Appendix
B; #2682

House Report 91-851; #2602

H.R. Rep. No. 1365, 82nd Cong., 2nd
Sess., sec. 51 (1952); #2644
Indochina Migration and Refugee Assis-
tance Act of 1975, P. L. 94-23, 89 Stat.
87, sec. 3; # 2614

Law of Federal Courts, C.A. Wright,
1970, sec. 13; #2585

I. & N. Operations Instructions
O.I. 108.1(f) (c); #2622
O.I. 204.2; # 2674

O.I. 212.5(c); #2614

O.I. 242.1(a) (28), as amended April 27,
1977; #2612

O.I. 242.10(a) (6) (i); #2625
O.I. 242.10(a) (6) (ii); #2625
O.I. 242.10(a) (8); #2625
O.I. 242.13; #2622
O.I. 245.8(b) (5); #2619
O.I. 349(1) (d) (i); #2593

S. Rep. No. 1137, 82nd Cong., 2nd Sess.,
sec. 12, (1952); #2644

Index to Precedent Decisions

Interim Decisions 2526 to 2710

This index covers Interim Decisions 2526 through 2710 distributed in loose-leaf form
prior to the publication of Volumes 15 and 16 and covers the period September 1, 1976,
through July 13, 1979. This index supersedes the previous index covering Interim Deci-
sions 2526 to 2675, issued October 1978.

July 20, 1979

A

Abandonment of Permanent Residence; see Resi-
dence

Adjustment of Status:

alien within provisions of sec. 241(a)(15); #2640
approved visa; requirement of; #2643

certification (labor) does not operate as employment
authorization under sec. 245(c)(2); #2639

discretionary grant; #2628

eligibility under sec. 212(a)(14); #2651

fiance, not "automatic" upon marriage; must show
"otherwise admissible" and comply with 8 C.F.R.
245.2(d); #2694

grounds of deportability; effect on; #2640
"immediately available," immigrant visa, question of;
#2697

unauthorized employment, sec. 245(c)(2), after
January 1, 1977; #2639

sec. 1, Act of November 2, 1966

statute of limitations for rescission runs from date
adjustment granted and not retroactive date of
permanent residence; #2627

sec. 245, 1952 Act, as amended:

a preconceived intent at time of entry to remain
permanently; #2551, 2556

adjustment of status not precluded by conviction of
illicit possession where lack of knowledge ir-
relevant to the offense; #2561
administrative discretion; criteria for exercise of;
#2530

alien coming to engage in commercial or agricultural
enterprise (8 C.F.R. 212.8(b)(4); commercial or
agricultural enterprise, construed in amended
version of the regulation, #2581

Adjustment of Status-Continued

alien within provisions of sec. 212(a)(23); eligible;
#2561

alien within provisions of sec. 245(c), effect of hav-
ing worked without permission; #2623
applicants under the proviso to sec. 203(a)(7) likely
to become public charges; ineligible; #2563
application based on approved sixth-preference pe-
tition denied in the exercise of discretion where
the sixth-preference eligibility was based on em-
ployment held while unlawfully in the U.S.;
#2530

application filed simultaneously with visa petition in
deportation proceedings-upon motion to reopen;
#2684

certification (labor):

exemption from; #2708

exemption from as investor; question of; #2581,
2658

necessity of finding of fraud or willfulness to invali-
date; #2632

necessity of; where alien who is supported by chil-
dren may enter the labor market; #2588

no longer in employment upon basis of which issued;
#2578

qualification of nonpreference alien for Schedule A
precertification; authority to determine; #2642
discretion, application filed simultaneously with visa
petition in deportation proceedings or upon motion
to reopen; #2684

discretionary denial; #2530, 2551, 2556, 2607

eligibility through "involuntary" communist party
membership under sec. 212(a)(28); #2646
established nonpriority date retained despite visa
obtained differently than alien originally qual-
ified; #2551

Certification (labor)—Continued

exchange visitor; #2562

exclusion hearing, not available; #2598

filing of application; effect upon existing deportabil-
ity; #2634

labor certification requirement; request for exemp-
tion from, filed prior to effective date of amended
regulations; effect of amended regulations with
respect to subsequent motions to reconsider;
#2581

nunc pro tunc permission to work; question of Ser-
vice Instructions; #2633

public charge; aliens likely to become; ineligible,

notwithstanding they are applying as refugee
parolees under the proviso to sec. 203(a)(7);
#2563

question of respondent's eligibility for 245 adjust-
ment not relevant where alien is seeking 212(c)
waiver; #2557

Special Inquiry Officer lacks authority to consider
application in exclusion proceedings; #2598
unauthorized employment, sec. 245(c)(2), after
1/1/77; #2639

visa availability; #2697
Administrative Procedure Act:

notice of Proposed Rulemaking requirement; re-
quirement that "statements of general policy" be
published in the Federal Register; effect of Ser-
vice's failure to comply with APA requirements;
#2625

Admission:

application for, abandonment or withdrawal; see Ap-
plication for admission to United States

when an admission occurs; #2614

Adopted Child: see Child Adopted

Adoption:

Burma; #2553

China; evidentiary standards; #2558

China (Taiwan); adoptive parties blood relatives;
#2649

effect on relationship to natural parents, thereby per-
mitting a mutual consent divorce in Mexico; #2580
evidence; validity of; #2558, 2620

Haiti: #2686

jurisdiction of state court where child resides outside

Hawaii; #2584

India (Hindu Law); #2620

Korea: #2577

Mexico

requirements under Civil code of Tamaulipas;
#2630

State of Chihuahua; #2705

power of attorney, by means of; #2620

procedure; Coahuila, Mexico; #2580
Tonga; customary adoptions in; #2698

validity, governed by place of adoption; #2630
Alien Crewmen:

exclusion proceedings: #2659

Alien of Distinguished Merit and Ability:
classification as (H)(i) based on approval of Form
I-129B petition subsequent to acceptance of em-
ployment; #2590

reinstatement of lapsed "H" status not within jurisdic-
tion of BIA; #2625

Alien Registration:

duty of alien crewman to exhibit evidence of (I-95)
upon request by Service Officer; #2647

Proof:

admissions by attorney; #2547
immigration visa; #2559

American Indians Born in Canada:
deportability and excludability; #2664
Amicus Curiae:

role of; #2704

Annulment (see also Marriage):

California; #2549

"relation back" doctrine; #2549
Appeal:

frivolous; #2592

grant of voluntary departure; effect of appeal on;
#2572

summary dismissal; #2592

transcript, no right to from a bond redetermination;

#2599

Application for Admission to United States (see also
Admission; Admissibility under immigration
laws):

abandoned or withdrawn, when deemed; #2614
Armed Forces of United States:

desertion from; ground of exclusion; #2680
Arrest:

legality does not affect deportability based on evi-
dence unrelated to the arrest; #2538

legality; question of; #2527, 2547, 2582, 2596, 2647
without warrant; sec. 287(a)(2); 1952 Act; question of;
#2527, 2582, 2596

Asylum, Political:

claim of, in deportation proceedings; jurisdiction,
question of; #2679

claim of, lacking in substance; question of; #2592
effect of allegedly improper decision by DD; #2573
8 C.F.R. 108.2 does not require delay of exclusion
hearing following notice to State Dept.; #2573
jurisdiction, question of; #2622

B

Birth Certificate (as evidence of U.S. citizenship):
does not relate to person through whom immigration
benefits are sought, effect; #2544

Board of Immigration Appeals:

contrary ruling of district court where appeal pending.
effect on legal conclusion of Board in cases arising
within same district; #2539

contrary ruling of a lower Federal court; effect on
legal conclusion of Board; #2539
Jurisdiction, question of: #2534

abandonment of lawful permanent resident status in
visa petition proceedings; #2655
authority to determine qualifications of nonprefer-
ence alien for Schedule A precertification; #2642
authority to review alien's qualifications for special
immigrant status as minister under sec.
101(a)(27) in conjunction with sec. 245 applica-
tion; #2673

Order to Show Cause, no authority to review Dis-
trict Director's decision to issue; #2666
voluntary departure, the setting of terms and condi-
tions for; #2572

motions to reopen; after Board remands record; #2670
summary dismissal; #2592

voluntary departure date; #2572
Bond, Delivery:

Breach for failure to surrender:

Breach for failure to surrender-Continued

adequacy of notice to obligor to surrender alien;
question of; #2567

breach occurs when obligor fails to produce alien
upon each and every demand of the Service;
#2567

service of notice to surrender alien; adequacy of
#2567

violation of conditions of bond is ground for breach;
#2567

Bond, Release Under (sec. 242, 1952 Act):

denial of, authority of immigration judge to increase
amount of bond initially set by DD; #2661
redetermination, procedure in; immigration judge and
record must be kept separate from deportation
proceeding; #2599

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China; adoptive parties blood relatives; #2649
Haiti, in: age by which; #2686

India (Hindu Law); #2620

jurisdiction of state court where child resides out-
side of Hawaii; #2584
Korea:

brought into family at earlier age; and reared,
and registered in Family Register; #2577
Family Register; #2606

legal custody requirements, sec, 101(b)(1)(E), 1952
Act; #2686

Mexico (Chihuahua); #2705

Tonga; customary adoptions in; #2698

definition, sec. 101(b)(1) and (2) of Act; necessity that
petitioner and beneficiary qualify under to support
claimed brother-sister relationship; #2560
Eligible orphan:

failure to complete adoption after entry into the
U.S.; #2655

Illegitimate:

legal differences from legitimate children abolished
in Honduras; #2687

Mexico; #2629

status sought by virture of relationship to natural
mother; #2645

Legitimate:

all children treated as in Honduras; #2687
child born in China; Lau v. Kiley, 410 F. Supp. 221

(S.D.N.Y. 1975), aff'd 563 F.2d 543, (2 Cir. 1977)
child born in the People's Republic of China; #2682
legal custody and/or residence requirements; #2577
Legitimated (see also Legitimation):

California; #2636

Dominican Republic; #2641

Ecuador; #2545

Honduras, all natural children accorded equal rights

and duties; #2687

Jamaica; #2643

Korea (Family Register); #2606

legal custody requirement; #2636
Mexico; #2629

Michigan; retroactivity provision; #2603

over 18 at time of legitimation; #2586, 2600, 2603,
2645

Panama; birth before March 2, 1946: #2683
Peru; natural parents must marry each other; #2574
Philippine Islands; #2626

Philippine Islands; natural parents must marry each
other; #2636

Virgin Islands; retroacitivity provision; #2600
parents, deportation of, does not deprive child of con-
stitutional rights; #2539

"proxy" adoption; effect; #2577
Stepchild:

Andrade Rationale; born out of wedlock, in relation
to father; #2618

beneficiary under 18 years of age when relationship
created; #2560

Connecticut marriage creating relationship not rec-
ognized; #2672

Citizenship:

Burden of Proof:

deportation proceedings: admission of birth abroad;
#2601

visa petition proceedings; #2681

delayed birth certificate, as proof of; #2681
Loss:

Act designated expatriation by statute; #2593
burden of proof: sec. 349(c); #2650

dual national; #2593

legitimation of illegitimate child who had required
through citizen mother; sec. 205, 1940 Act; #2548
naturalization voluntary in foreign state accom-
panied by oath or allegiance; #2593

Oath of Allegiance to foreign state; #2593
renunciation of U.S. citizenship, formal; sec.
349(a)(16), 1952 Act; #2650

voluntariness, sec. 349(c), 1952 Act; #2650
Commercial or Agricultural Enterprise; see Alien
coming to engage in a commercial or agricultural
enterprise; Exclusion grounds: certification of
Sec. of Labor; sec. 212(a)(14); exemption from
Commuter:

abandonment of domicile in U.S.; question of; #2579
applicability of Fleuti doctrine; #2576

employment, part-time; loss of status; #2652
Constitutional Rights:

aliens; no "right" to protection of U.S. Constitution;
#2571

constitutional rights of aliens who have not made en-
try; #2571

Fifth Amendment (Due Process); #2587

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