Ezel / Agency Decisions / ID 2528

Matter of Cintron (Board decision, September 3, 1976)

Matter of Cintron (BIA ID 2528, 1976): petitioner could withdraw a visa petition before decision

Decision type
Board decision
Dockets
ID 2528, A-20583637
Decided
September 3, 1976
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-10-13
Cited standards
8 U.S.C. § 1151(b)
Official source
Read the official release (justice.gov)
PDF
View Official PDF

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This is citable Board precedent from 1976, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1976
The immigration statutes and regulations may have been amended, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current advice. Verify current law before relying on any specific rule mentioned here.
Final BIA decision
This published precedent is a final decision of the Board of Immigration Appeals. Under the Board's Policy Manual, Chapter 1.4(d), an order issued by the Board is final unless and until it is stayed, modified, rescinded, or overruled by the Board, the Attorney General, or a federal court, and it is effective as of its issuance date unless the order provides otherwise. This is a published precedent decision, not an unpublished party-only disposition.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official BIA release. The full text is the agency's own release.
Transcribed from a scanned original: BIA released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (justice.gov)

Plain-English summary

A United States citizen filed a visa petition for his spouse, then sent the District Director a letter withdrawing it. The Director acknowledged the letter but denied the petition anyway. The Board held that a petitioner may withdraw a petition before a decision has been made. It sustained the appeal and ordered the record to show that the petition was withdrawn.

Decision snapshot

  • Cited authority: Immigration and Nationality Act § 201(b).
  • Outcome: Appeal sustained; visa petition recorded as withdrawn.
  • Key point: A petitioner may withdraw a visa petition before the agency decides it.

Full text (BIA official public release)

Interim Decision #2528

MATTER OF CINTRON

In Visa Petition Proceedings
A-20583637

Decided by Board September 3, 1976
The United States citizen petitioner submitted a letter to the District Director requesting that the visa petition filed to accord his spouse immediate relative classification be withdrawn. The letter request was acknowledged by the District Director, but he subsequently ordered the petition denied. In view of the petitioner's letter request that the petition be withdrawn, the denial by the District Director was erroneous, and it is the order of the Board that the record reflect that the petition was withdrawn by petitioner. ON BEHALF OF PETITIONER: Fried, Fragomen & Del Rey, P.C.
515 Madison Avenue
New York, New York 10022

The United States citizen petitioner filed a visa petition in behalf of the beneficiary as his spouse under section 201(b) of the Immigration and Nationality Act. He subsequently submitted a letter withdrawing the petition. In a decision dated October 9, 1975, the District Director acknowledged having received the letter withdrawing the petition but nevertheless ordered the petition be denied. The petitioner has ap- pealed from the District Director's decision refusing to consider the petition withdrawn. The appeal will be sustained.
Just as any United States citizen or lawful permanent resident may file a visa petition in behalf of an alien, so may he withdraw the petition before a decision has been rendered. The action of the District Director in refusing to consider the petition withdrawn was erroneous. Accord- ingly, we shall sustain the appeal and order the record to reflect that the petition has been withdrawn. ORDER: The appeal is sustained; the visa petition filed by the peti- tioner in behalf of the beneficiary has been withdrawn.

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