Legal Opinion
Green v. Napolitano
Court of Appeals for the Tenth Circuit
Decided December 21, 2010No. 10-1156PublishedCited by 43 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
In this immigration appeal, we are asked to determine whether a decision under 8 U.S.C. § 1155 to revoke a petition for immigrant status is discretionary. If so, the decision is unreviewable in district court, because 8 U.S.C. § 1252(a)(2)(B)(ii) strips courts of the jurisdiction to review certain discretionary decisions. 1 Like the parties, the district court believed that this was a question of first impression in this circuit; it predicted we would follow those courts that have concluded a § 1155 revocation is discretionary and hence not subject to judicial review.…
2Cases cited19 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Kucana v. HolderSupreme Court of the United States · 2010
- Trackwell v. United States GovernmentCourt of Appeals for the Tenth Circuit · 2007
- Yu Zhao v. GonzalesCourt of Appeals for the Fifth Circuit · 2005
- Marcus v. Kansas, Department of RevenueCourt of Appeals for the Tenth Circuit · 1999
14 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Mantena v. JohnsonCourt of Appeals for the Second Circuit · 2015
- Bernardo Ex Rel. M & K Engineering, Inc. v. JohnsonCourt of Appeals for the First Circuit · 2016
- Robert Polfliet v. Kenneth CuccinelliCourt of Appeals for the Fourth Circuit · 2020
- iTech U.S., Inc v. Tracy RenaudCourt of Appeals for the D.C. Circuit · 2021
- Mehanna v. US CITIZENSHIP AND IMMIGRATION SERVS.Court of Appeals for the Sixth Circuit · 2012
38 more not listed; retrieve them via the Exa API.