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What are the key differences between the Immigration and Naturalization Service and the case of Horacio Ramos Miranda?
The Immigration and Naturalization Service (INS) was responsible for enforcing immigration laws in the United States until it was abolished in 2003 and its functions were transferred to other agencies.
Horacio Ramos Miranda entered the United States on a temporary visa and later married a U.S.
citizen, but his application for permanent residency was delayed by the INS for 18 months.
Miranda argued that the INS should be estopped from denying him permanent residency due to its delay, as he had relied on the promise of permanent residency to make life decisions.
The case of INS v.
Miranda established a legal principle known as "procedural estoppel," which prevents a government agency from taking action that is contrary to a representation made to an individual, if the individual has relied on that representation to their detriment.
The Ninth Circuit Court of Appeals affirmed the district court's decision and held that the INS was estopped from denying Miranda permanent residency, due to the unreasonable delay in processing his petition.
The INS's delay in processing Miranda's petition was found to be prejudicial, as it affected his ability to make important life decisions, such as accepting a job or buying a home.
The Supreme Court has recognized that estoppel can be applied against the government in certain circumstances, but has also noted that such cases are exceptional and require a showing of unusual circumstances.
The Hansen case, which involved the refusal of the Supreme Court to apply estoppel against the government, was cited in the Miranda case as an example of the limited circumstances under which estoppel can be applied against the government.
The Federal Crop Insurance Corp v Merrill case was also cited in the Miranda case as a precedent for the principle that estoppel is not justified against the government on the facts of a particular case, unless there are unusual circumstances.
The Miranda case is significant because it establishes that the government can be estopped from taking action that is contrary to a representation made to an individual, if the individual has relied on that representation to their detriment.
The Miranda case also highlights the importance of government agencies acting in a timely and reasonable manner, particularly in cases involving the rights and entitlements of individuals.
The Miranda case serves as a reminder that the government is subject to the same principles of fairness and good faith as private parties, and that individuals have the right to rely on the government's representations and promises.
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