Legal Opinion
Cesar Batista v. John Ashcroft, Attorney General of the United States
Court of Appeals for the First Circuit
Decided October 29, 2001No. 00-2525PublishedCited by 36 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
Cesar Batista-Baez (“Batista” or “Cesar Batista”) petitions for review of a reinstated final order of removal by the Immigration and Naturalization Service (“INS”). Although Batista concedes that he is removable based on a drug trafficking conviction, he contends that he is entitled to relief from removal because his father, a naturalized citizen, was his custodial parent, and hence he is a derived United States citizen. We find that there is a genuine issue of material fact regarding Cesar Batista’s nationality and transfer this case to the district court for a new…
2Cases cited9 opinions
- Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
- Miller v. AlbrightSupreme Court of the United States · 1998
- Tuan Anh Nguyen v. Immigration & Naturalization ServiceSupreme Court of the United States · 2001
- Agosto v. Immigration & Naturalization ServiceSupreme Court of the United States · 1978
- Miguel Noel Fierro v. Janet Reno, Attorney General, Miguel Noel Fierro v. Janet Reno, Attorney GeneralCourt of Appeals for the First Circuit · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Javier Ontoniel Bustamante-Barrera v. Alberto R. Gonzales, U.S. Attorney GeneralCourt of Appeals for the Fifth Circuit · 2006
- Cathyann Martina Drakes v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2003
- Hernandez v. AshcroftCourt of Appeals for the Tenth Circuit · 2003
- Mark Brown v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014
- Shepherd v. HolderCourt of Appeals for the Tenth Circuit · 2012
31 more not listed; retrieve them via the Exa API.