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Gabriel Salgado Fuentes v. Immigration and Naturalization Service
Citations: 844 F.2d 699; 1988 U.S. App. LEXIS 5781; 1988 WL 33920Docket: 83-7662
Court: Court of Appeals for the Ninth Circuit; April 19, 1988; Federal Appellate Court
On February 27, 1987, proceedings in the case of Gabriel Salgado Fuentes against the Immigration and Naturalization Service were stayed pending the outcome of Fuentes' application for legalization under the Immigration Reform and Control Act of 1986. An order dated January 13, 1988, dismissed the petition without prejudice, but the mandate was withheld until 28 days after the resolution of Fuentes' legalization application, effectively staying the deportation order. On February 2, 1988, Fuentes was granted temporary resident alien status under Section 210(a)(2)(A) of the Act, which requires him to wait between 12 to 24 months before he can adjust his status to permanent residency. Fuentes requested a continued stay of the mandate until the INS addressed his application for permanent residency, which would keep the case inactive for one to two years. The court denied Fuentes' motion for a continued stay, clarifying that denying the motion would not harm him, as he could not be deported until his application was finally resolved. If deportation became a possibility, Fuentes could refile his petition for review, which would again stay the deportation order. The opinion of the previous three-judge panel, reported at 765 F.2d 886, was vacated. The mandate will now be issued.