Legal Opinion
Karnail Singh Virk v. Immigration & Naturalization Service
Court of Appeals for the Ninth Circuit
Decided July 16, 2002No. 01-70055PublishedCited by 14 opinions
1Opinion of the Court
CANBY, Circuit Judge.
The issue before us is whether the Board of Immigration Appeals (“BIA”) abused its discretion in denying a motion to reopen proceedings to allow an alien to apply for a waiver of deportation. Because we find that the BIA improperly considered the impact of an unrelated section of the immigration statute and failed properly to weigh the positive and negative factors in exercising its discretion, we grant the petition for review and vacate the BIA’s denial of the motion to reopen.
Factual Background
Karnail Virk, a citizen of India, entered the United States in 1983 at the…
2Cases cited19 opinions
- Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
- Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
- Immigration & Naturalization Service v. Rios-PinedaSupreme Court of the United States · 1985
- Immigration & Naturalization Service v. Yueh-Shaio YangSupreme Court of the United States · 1996
- Immigration & Naturalization Service v. ErricoSupreme Court of the United States · 1967
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Usha Bhasin v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Vasquez v. HolderCourt of Appeals for the Ninth Circuit · 2010
- AGOURBoard of Immigration Appeals · 2015
- Miguel Meza v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2013
- Nihiser v. Comm'rUnited States Tax Court · 2008
9 more not listed; retrieve them via the Exa API.