Legal Opinion
Rodolfo Hernandez-Avalos v. Immigration and Naturalization Service
Court of Appeals for the Tenth Circuit
Decided March 9, 1995No. 94-1051, 94-1060, 94-1061 and 94-1066PublishedCited by 34 opinions
1Opinion of the Court
EDWARD C. REED, Jr., Senior District Judge.
The petitioners-appellants are four aliens serving federal prison sentences. Each alien, having been convicted of a deportable offense and citing 8 U.S.C. § 1252(f), sought a writ of mandamus from the District Court, compelling the Immigration and Naturalization Service (INS) to initiate deportation proceedings. The District Court dismissed the appellants’ cases for lack of jurisdiction, explaining that, because the statute itself provided no criteria for evaluating the government’s actions and there were no relevant regulations, there was “no law to…
2Cases cited24 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Clarke v. Securities Industry Assn.Supreme Court of the United States · 1987
- Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
- Richard L. Barron Linda M. Barron v. Robert Reich Department of Labor Robert KelleyCourt of Appeals for the Ninth Circuit · 1994
19 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- District of Columbia v. Sierra ClubDistrict of Columbia Court of Appeals · 1996
- Yue Yu v. BrownDistrict Court, D. New Mexico · 1999
- United States v. McVeighCourt of Appeals for the Tenth Circuit · 1997
- Lee v. United States Air ForceCourt of Appeals for the Tenth Circuit · 2004
- Edmundo M. Campos v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995
29 more not listed; retrieve them via the Exa API.