Legal Opinion
Coyt v. Holder
Court of Appeals for the Ninth Circuit
Decided January 20, 2010No. 05-77080PublishedCited by 45 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
In this petition for review, we consider whether the Board of Immigration Appeals (“BIA”) may deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on the motion. We conclude that it cannot do so, and we grant the petition for review.
I
Rafael Martinez Coyt entered the United States at San Ysidro, California without inspection in 1984. In 2001, he was served with a Notice to Appear charging him with removability as an alien present who had not been admitted or paroled. Martinez Coyt conceded…
2Cases cited19 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Nken v. HolderSupreme Court of the United States · 2009
- Auer v. RobbinsSupreme Court of the United States · 1997
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
14 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- MacArio Bonilla v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- Rony Perez-Guzman v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- Luna v. HolderCourt of Appeals for the Second Circuit · 2011
- Contreras-Bocanegra v. HolderCourt of Appeals for the Tenth Circuit · 2012
- Marin-Rodriguez v. HolderCourt of Appeals for the Seventh Circuit · 2010
40 more not listed; retrieve them via the Exa API.