Carter v. Immigr. & Naturalization Serv., 90 F.3d 14 (1st Cir. 1996). · Go Syfert
Carter v. Immigr. & Naturalization Serv., 90 F.3d 14 (1st Cir. 1996). Cases Citing This Book View Copy Cite
24 citation events (21 in the last 25 years) across 5 distinct courts.
Strongest positive: People v. Sohal CA6 (calctapp, 2026-01-08)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Sohal CA6
Cal. Ct. App. · 2026 · confidence medium
(See People v. Abdelsalam (2022) 73 Cal.App.5th 654 , 664.) “[I]n deciding whether the defendant has shown error, the focus of our inquiry is on the defendant’s own error in misunderstanding the immigration consequences of the plea.” (Curiel, supra, 92 Cal.App.5th at p. 1176.) “[T]he key is the mindset of the defendant and not what an objectively reasonable person would have understood under the circumstances.” (Carrillo, supra, 101 Cal.App.5th at p. 16.) And “[w]here 6 Additionally, a conviction for a felony crime of moral turpitude would prevent Sohal from obtaining legal status …
discussed Cited as authority (rule) Arellano v. Jones
S.D. Cal. · 2023 · confidence medium
Rather, 10 “to prevail on a claim involving choices between alternative courses of treatment, a 11 prisoner must show that the chosen course of treatment ‘was medically unacceptable under 12 the circumstances,’ and was chosen ‘in conscious disregard of an excessive risk to [the 13 prisoner’s] health.’” Toguchi, 391 F.3d at 1058 (quoting Jackson v. McIntosh, 90 F.3d 14 330, 332 (9th Cir. 1996), overruled in part on other grounds by Peralta, 744 F.3d at 1076 )); 15 accord Gordon v. Cty. of Orange, 6 F.4th 961 , 970 (9th Cir. 2021). 16 b.
discussed Cited as authority (rule) Franjul-Soto v. Barr
1st Cir. · 2020 · confidence medium
In any event, we have held that the BIA may require that an alien's motion to reopen at least be supported by a prima facie case to be granted, see Carter v. INS, 90 F.3d 14, 17 (1st Cir. 1996) (citing INS v. Abudu, 485 U.S. 94, 104-05 (1988)), and we see no basis for making an exception when the motion to reopen is based on a still-pending VAWA self-petition.
cited Cited as authority (rule) Li Sheng Wu v. Holder
1st Cir. · 2013 · confidence medium
Le Bin Zhu v. Holder, 622 F.3d 87, 91 (1st Cir.2010); Carter v. I.N.S., 90 F.3d 14, 17 (1st Cir. 1996).
discussed Cited as authority (rule) Valdez Lopez v. Holder
1st Cir. · 2013 · confidence medium
We review the BIA’s denial of a motion to reopen for abuse of discretion, reversing its decision “only if the BIA ‘misread the law5 or acted ‘in an arbitrary or capricious fashion.’ ” Fesseha, 333 F.3d at 20 (quoting Carter v. INS, 90 F.3d 14, 17 (1st Cir.1996)).
discussed Cited as authority (rule) CHUN XIN CHI v. Holder
1st Cir. · 2010 · signal: cf. · confidence medium
Cf. Carter v. INS, 90 F.3d 14, 17 (1st Cir.1996) (holding, inter alia, that the BIA can deny a motion to reopen if it “reasonably determines that the equities do not justify the application of a discretionary balm”).
discussed Cited as authority (rule) Shah v. Mukasey
1st Cir. · 2008 · confidence medium
We review the BIA’s denial of the motion to reopen for abuse of discretion and will reverse “only if the BIA ‘misread the law1 or acted ‘in an arbitrary or capricious fashion.’ ” Fesseha v. Ashcroft, 333 F.3d 13, 20 (1st Cir.2003) (quoting Carter v. INS, 90 F.3d 14, 17 (1st Cir.1996)).
discussed Cited as authority (rule) Zeru v. Gonzales
1st Cir. · 2007 · confidence medium
We review the BIA’s denial of a motion to reopen for abuse of discretion, reversing the denial “only if the BIA ‘misread the law or acted ‘in an arbitrary or capricious fashion.’ ” Fesseha, 333 F.3d at 20 (quoting Carter v. INS, 90 F.3d 14, 17 (1st Cir.1996)).
cited Cited as authority (rule) Naeem v. Gonzales
unknown court · 2006 · confidence medium
Carter v. INS, 90 F.3d 14, 16-17 (1st Cir.1996).
cited Cited as authority (rule) Jupiter v. Ashcroft
1st Cir. · 2005 · confidence medium
Carter v. INS, 90 F.3d 14, 16-17 (1st Cir.1996).
cited Cited "see" Cook v. Washington State Department of Corrections
W.D. Wash. · 2025 · signal: see · confidence high
Franklin v. Oregon, State 13 Welfare Div., 662 F.2d 1337, 1344 (9th Cir. 1981); see Jackson v. McIntosh, 90 F.3d 14 330, 332 (9th Cir. 1996).
cited Cited "see" Murillo-Robles v. Lynch
1st Cir. · 2016 · signal: see · confidence high
See Carter v. INS, 90 F.3d 14, 17 (1st Cir. 1996).
discussed Cited "see" Cruz-Bucheli v. Gonzáles
1st Cir. · 2006 · signal: see · confidence high
See Carter v. INS, 90 F.3d 14, 17 (1st Cir.1996); see also Henry v. INS, 74 F.3d 1, 4 (1st Cir.1996) (further explaining that we would find an abuse of discretion if the BIA considered improper factors, failed to consider a relevant factor, or assigned a factor improper weight in making a determination).
cited Cited "see" Roberts v. Gonzales
1st Cir. · 2005 · signal: see · confidence high
See Carter v. INS, 90 F.3d 14, 16-17 (1st Cir.1996).
discussed Cited "see" Falae v. Ashcroft
1st Cir. · 2005 · signal: see · confidence high
See Carter v. INS, 90 F.3d 14, 17 (1st Cir. 1996); see also Henry v. INS, 74 F.3d 1, 4 (1st Cir. 1996) (explaining that the BIA may abuse its discretion by "neglecting to consider a significant factor that appropriately bears on the discretionary decision, by attaching weight to a factor that does not appropriately bear on the decision, or by assaying all the proper factors and no improper ones, but nonetheless making a clear judgmental error in weighing them").
discussed Cited "see" Michael Olusean Falae, A/K/A Vincent Olanrewaju Adeyemi v. Alberto R. Gonzales, Attorney General
1st Cir. · 2005 · signal: see · confidence high
See Carter v. INS, 90 F.3d 14, 17 (1st Cir.1996); see also Henry v. INS, 74 F.3d 1, 4 (1st Cir.1996) (explaining that the BIA may abuse its discretion by “neglecting to consider a significant factor that appropriately bears on the discretionary decision, by at *15 taching weight to a factor that does not appropriately bear on the decision, or by assaying all the proper factors and no improper ones, but nonetheless making a clear judgmental error in weighing them”).
cited Cited "see" Fesseha v. Ashcroft
1st Cir. · 2003 · signal: see · confidence high
See Carter v. INS, 90 F.3d 14, 17 (1st Cir.1996).
cited Cited "see" Luis v. INS
1st Cir. · 1999 · signal: see · confidence high
See Carter v. INS, 90 F.3d 14, 15-17 (1st Cir. 1996); Gebremichael v. INS, 10 F.3d 28, 34 n.17 (1st Cir. 1993).
cited Cited "see" Luis v. Immigration & Naturalization Service
1st Cir. · 1999 · signal: see · confidence high
See Carter v. INS, 90 F.3d 14, 15-17 (1st Cir.1996); Gebremichael v. INS, 10 F.3d 28 , 34 n. 17 (1st Cir.1993).
discussed Cited "see, e.g." Thomas D. Clark, Michael Heneck, Roger S. Murphy and Ronald S. Steele v. Office of Personnel Management
Fed. Cir. · 1996 · signal: compare · confidence low
Compare Carter v. Immigration and Naturalization Serv., 90 F.3d 14 (1st Cir.1996) (denying and dismissing petition for review of Board of Immigration Appeals order) with Ivezaj v. Immigration and Naturalization Serv., 84 F.3d 215 (6th Cir.1996) (affirming Board of Immigration Appeals decision).
Retrieving the full opinion text from the archive…
Zakia CARTER, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
95-1840.
Court of Appeals for the First Circuit.
Jul 30, 1996.
90 F.3d 14
Joseph S. Callahan, on brief, Fall River, MA, for petitioner., Frank W. Hunger, Assistant Attorney General, Civil Division, and Philemina McNeill Jones, Assistant Director, Office of Immigration Litigation, United States Department of Justice, on brief, Washington, DC, for respondent.
Selya, Boudin, McAuliffe.
Cited by 22 opinions  |  Published
SELYA, Circuit Judge.

Invoking the newly enacted “battered spouse” provision of the Immigration and Nationality Act (I & N Act), 8 U.S.C. § 1154(a)(1)(A)(iii) (1994), petitioner Zakia Carter seeks judicial review of an order of the Board of Immigration Appeals (the Board) denying her motion to reopen deportation proceedings. Discerning no cognizable error, we decline to grant the petition.

I

Carter, a native and citizen of Morocco, was convicted of assault and battery on March 8,1981. After the victim died, Carter pled guilty to a charge of manslaughter. The state court sentenced her to serve 12-20 years in prison. She was not released from the penitentiary until March 20,1993.

The Immigration and Naturalization Service (INS) instituted deportation proceedings against petitioner on October 28, 1988 (while she was still incarcerated). In its order to show cause, the INS charged her inter alia with committing a crime involving moral turpitude (for which she was convicted and sentenced to a prison term of more than one year) within five years of her lawful entry into the United States, in violation of section 241(a)(2) of the I & N Act, 8 U.S.C. § 1251(a)(2). [1] Petitioner disputed this charge, denying that the crime she had committed involved moral turpitude.

On March 19, 1990, an immigration judge (IJ) found petitioner deportable. While her appeal to the Board was pending, petitioner, though still incarcerated, married Dale Carter (a native and citizen of the United States). Following her release, she gave birth to a child, Jamila Carter, on August 22, 1994. Six weeks thereafter, the Board affirmed the IJ’s decision and entered a deportation order. See Matter of Carter, Interim Dec. No. 23-200-544 (BIA 1995).

Petitioner subsequently sought a divorce. She then filed a motion to reopen the deportation proceedings. Although the Board previously found petitioner deportable due to her manslaughter conviction, her motion asserts an entitlement to a waiver of excluda-bility premised on her status as a battered spouse. [2] The Board denied her motion on July 12, 1995. Petitioner now seeks judicial review. At the present time, her divorce case is pending, as are certain domestic violence proceedings against her husband.

II

We pause to emphasize the circumscribed nature of our review. The Board originally found Carter to be inadmissible (and, therefore, deportable) because she had committed a crime of moral turpitude (and served more than twelve months in prison) within five years of entering the United States. It denied her motion to reopen for a variety of reasons (most of which related to the absence of a prima facie showing of entitlement to relief).

We inquire only into the Board’s denial of the motion to reopen, not its earlier adjudication of the merits of petitioner’s ex-[*17] cludability. See Gando-Coello v. INS, 888 F.2d 197, 198 (1st Cir.1989). Though the denial of a motion to reopen deportation proceedings usually possesses the requisite finality and thus triggers the judicial review provisions of the I & N Act, see, e.g., Baez v. INS, 41 F.3d 19, 21 (1st Cir.1994); Goncalves v. INS, 6 F.3d 830, 831-32 (1st Cir.1993); Athehortua-Vanegas v. INS, 876 F.2d 238, 240 (1st Cir.1989), we probe that denial solely to determine whether the Board misread the law or otherwise abused its discretion by acting in an arbitrary or capricious fashion. See INS v. Doherty, 502 U.S. 314, 323, 112 S.Ct. 719, 724-25, 116 L.Ed.2d 823 (1992); INS v. Abudu, 485 U.S. 94, 105, 108 S.Ct. 904, 912, 99 L.Ed.2d 90 (1988); Henry v. INS, 74 F.3d 1, 4 (1st Cir.1996).

The Board’s discretion is sprawling, but it does not go untethered. “[AJdjudicatory tribunals can exceed grants of discretion — even ringing grants of broad, essentially standardless discretion — in various ways.” Henry, 74 F.3d at 4. In exercising discretionary authority, the Board is “obliged to weigh all the pertinent factors (both favorable and unfavorable), to exhibit due consideration for the universe of weighted factors when tallying the equities, to exercise independent judgment, and to state plainly its reasons for granting or denying relief.” Bing Feng Chen v. INS, 87 F.3d 5, 7 (1st Cir.1996). Once the Board satisfies these obligations, however, it has discretion not only to deny a motion to reopen but also to deny a hearing thereon. See Moore v. INS, 715 F.2d 13, 16 n. 2 (1st Cir.1983).

Ill

It is settled that the Board can deny a motion to reopen if (1) the alien fails to limn a prima facie case warranting relief, or (2) the alien fails to introduce material evidence that was not previously available, discoverable, or considered at the original hearing, or (3) the Board reasonably determines that the equities do not justify the application of a discretionary balm. See 8 C.F.R. § 3.2 (1996); see also Abudu, 485 U.S. at 104-05, 108 S.Ct. at 911-12 (applying this paradigm to the Board’s denial of a motion to reopen); Gando-Coello, 888 F.2d at 198 (same). Here, the Board had ample justification to deny the petitioner’s motion.

1. INS Approval. INS authorization of a petition for a status adjustment under 8 U.S.C. § 1154 must occur before the Board can grant such relief. See 8 U.S.C. § 1154(b) (1994) (placing upon the Attorney General or her designee the responsibility to determine in the first instance “that the facts stated in the petition are true and that the [petitioner] is an immediate relative”). In this case, petitioner failed to present her petition for adjusted status as a battered spouse to the INS, and thus did not secure the requisite agency approval.

Approval by the INS is not an empty exercise, but, rather, ensures that the agency has a meaningful opportunity to verify a petitioner’s claim that she has been subjected to physical abuse and otherwise satisfies the statutory criteria. Since the INS’s imprimatur is a condition precedent to obtaining relief under 8 U.S.C. § 1154(a)(l)(A)(iii), petitioner’s failure to comply with this requirement means that she is unable to state a prima facie ease. Consequently, the Board’s refusal to reopen the proceedings is unimpugnable. [3]

2. Good Moral Character; Extreme Hardship. Petitioner also failed to establish a prima facie case under the battered spouse provision because she did not submit adequate evidence of either “good moral character” or “extreme hardship.” We explain briefly.

As to character, the only evidence that petitioner proffered consists of a copy of her[*18] prison records, detailing her good behavior and involvement in training programs while she was incarcerated. The Board declined to accept these records as sufficient to show good moral character, and we are not persuaded that the Board’s position is arbitrary or capricious.

We note that even appropriate extrinsic evidence of good moral character might well be futile here due to petitioner’s conviction. In the deportation case proper, the Board found petitioner’s manslaughter offense to be a crime of moral turpitude. The Board’s judgments in such matters are not easily dismissed, see Franklin v. INS, 72 F.3d 571, 573 (8th Cir.1996) (explaining that since moral turpitude is a “nebulous” concept, courts will only overturn the Board’s determination that a crime fits within that rubric if the determination is unreasonable); and, in all events, we think that manslaughter stemming from assault and battery is properly classified as a crime of moral turpitude. Compare, e.g., Asencio v. INS, 37 F.3d 614, 615 (11th Cir.1994) (holding that attempted murder is a crime of moral turpitude); Rodriguez-Padron v. INS, 13 F.3d 1455, 1458 (11th Cir.1994) (holding that second-degree murder is a crime of moral turpitude); Gouveia v. INS, 980 F.2d 814, 815-16 (1st Cir.1992) (holding that rape is a crime of moral turpitude); Thomas v. INS, 976 F.2d 786, 787-88 (1st Cir.1992) (holding assault and battery with a baseball bat to be crimes involving moral turpitude). Accordingly, petitioner’s conviction for manslaughter not only would constitute a violation of 8 U.S.C. § 1251(a)(2)(A)(i) but also would preclude her from establishing the “good moral character” necessary to qualify under the battered spouse provision. See Flores v. INS, 66 F.3d 1069, 1073 (9th Cir.1995) (holding that petitioner’s conviction for welfare fraud precluded her from establishing the “good moral character” required to apply for a suspension of deportation under 8 U.S.C. § 1254(a)(1)).

Relatedly, petitioner neglected to proffer any evidence as to how deportation would work an extreme hardship to either herself or her child. This omission, in and of itself, prevented the establishment of a prima facie case. This is especially true in light of the Board’s wide discretion in determining what does and does not rise to the level of “extreme hardship.” See Luna v. INS, 709 F.2d 126, 127 (1st Cir.1983).

IV

We need go no further. Given the absence of a prima facie case, the Board acted well within its discretion in summarily denying petitioner’s motion to reopen.

The petition for review is denied and dismissed. See 1st Cir. R. 27.1.

1

. The statute reads in pertinent part:

Any alien who (I) is convicted of a crime involving moral turpitude committed within five years ... after the date of entry, and (II) either is sentenced to confinement or is confined therefor ... for one year or longer, is deportable.

8 U.S.C. § 1251 (a)(2)(A)(i). Since the charge under this provision is the only charge that INS pressed, it is the only charge that we discuss.

2

. The applicable statute reads in pertinent part: An alien who is the spouse of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative ..., and who has resided in the United States with the alien’s spouse may file a petition ... [for relief if]:

(I) the alien is residing in the United States, the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien ... has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s spouse; and
(II) the alien is a person whose deportation would result in extreme hardship to the alien or a child of the alien.

8 U.S.C. § 1154(a)(1)(A)(iii) (1994).

3

. Highlighting this same deficiency, the INS challenges our jurisdiction on the basis that petitioner failed to exhaust all available administrative remedies in that she neglected to have her petition verified by the INS.. "It is a familiar tenet that when an appeal presents a jurisdictional quandary, yet the merits of the underlying issue, if reached, will in any event be resolved in favor of the party challenging the court's jurisdiction, then the court may forsake the jurisdictional riddle and simply dispose of the appeal on the merits.” United States v. Stoller, 78 F.3d 710, 715 (1st Cir.1996) (collecting cases). This is such a case. Hence, we take no view of the government’s jurisdictional argument.