Legal Opinion
Jose Arturo Murillo-Salmeron v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided April 28, 2003No. 02-70704PublishedCited by 10 opinions
1Opinion of the Court
WARD LAW, Circuit Judge:
The decisions on review can best be described as two ships passing in the night. We are presented with a petition for review of a final deportation order of the Board of Immigration Appeals (“BIA”) affirming a decision that the Immigration Judge (“IJ”) did not make. We hold that the BIA committed legal error in deporting Petitioner based on his ineligibility for a waiver which, as the IJ noted in the very decision under review, was not required in the first place. While we recognize that the BIA is swimming in a sea of cases, barely able to keep itself afloat, there…
2Cases cited9 opinions
- Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
- 97 Cal. Daily Op. Serv. 8943, 97 Daily Journal D.A.R. 14,491 Veronico Blas Almario Kalaw Eleanor Lu Dalisay v. Immigration and Naturalization Service, Florencia Garcia Revilla v. Immigration and Naturalization Service, Anastacia Miranda-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1997
- Hector Montero-Martinez Gregorio Pedro Montero-Hernandez v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 2002
- Alfonso Aragon-Ayon v. Immigration and Naturalization Service, Juan Tafolla Ramirez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Dan Marius Andreiu v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2001
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cesar M. Lopez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Laura Luis Hernandez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Rodriguez v. Holder Jr.Court of Appeals for the Ninth Circuit · 2010
- Marmolejo-Campos v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Eduardo Odanys Perez Rodriguez v. Warden Diamondback Correctional Facility, et al.District Court, W.D. Oklahoma · 2026
5 more not listed; retrieve them via the Exa API.