Legal Opinion
Salvador Azarte Celia Castellon v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided January 18, 2005No. 02-73947PublishedCited by 81 opinions
1Opinion of the Court
REINHARDT, Circuit Judge.
Under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRI-RA), does the Board of Immigration Appeals (BIA) abuse its discretion when it dismisses a motion to reopen, timely filed by an alien during his voluntary departure period, because the alien subsequently fails to depart prior to the end of that period while awaiting the BIA’s decision? We conclude that it does and that the BIA must decide the motion on the merits.
I. BACKGROUND
Salvador Azarte and Celia Castellón (“the Azartes”) are natives and citizens of Mexico who entered the United States…
2Cases cited26 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- United States v. WilsonSupreme Court of the United States · 1992
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3Cited by81 opinions
- Dada v. MukaseySupreme Court of the United States · 2008
- Vladimir Iouri and Vera Yuriy v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2007
- Jose Juan Martinez Barroso v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Alvarado v. Cajun Operating Co.Court of Appeals for the Ninth Circuit · 2009
- Zi-Xing Lin v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007
76 more not listed; retrieve them via the Exa API.