context: To make a successful estoppel claim, Miller must at least show affirmative misconduct on the part of the government. This Miller has failed to do. Without more, Miller's allegation that the consular officer rescheduled an interview to occur after his eighteenth birthday is not sufficient to show affirmative misconduct.
citation_a.signal: cf.
citation_a.parenthetical: failure of American Consular Officer in Italy to issue passport to alien's mother, which allegedly resulted in alien's birth in Italy, did not constitute affirmative misconduct
citation_a.sentence: See INS v. Miranda, 459 U.S. 14, 18-19, 103 S.Ct. 281, 74 L.Ed.2d 12 (1982) (INS’s 18-month delay in processing alien’s application for permanent residency did not constitute affirmative misconduct); cf. Montana v. Kennedy, 366 U.S. 308, 314-15, 81 S.Ct. 1336, 6 L.Ed.2d 313 (1961) (failure of American Consular Officer in Italy to issue passport to alien’s mother, which allegedly resulted in alien’s birth in Italy, did not constitute affirmative misconduct).
citation_b.signal: see
citation_b.parenthetical: INS's 18-month delay in processing alien's application for permanent residency did not constitute affirmative misconduct
citation_b.sentence: See INS v. Miranda, 459 U.S. 14, 18-19, 103 S.Ct. 281, 74 L.Ed.2d 12 (1982) (INS’s 18-month delay in processing alien’s application for permanent residency did not constitute affirmative misconduct); cf. Montana v. Kennedy, 366 U.S. 308, 314-15, 81 S.Ct. 1336, 6 L.Ed.2d 313 (1961) (failure of American Consular Officer in Italy to issue passport to alien’s mother, which allegedly resulted in alien’s birth in Italy, did not constitute affirmative misconduct).