Legal Opinion
Nethagani v. Mukasey
Court of Appeals for the Second Circuit
Decided July 9, 2008No. Docket 05-3249-agPublishedCited by 72 opinions
1Opinion of the Court
DENNIS JACOBS, Chief Judge:
The Immigration and Nationality Act bars the grant of asylum or withholding of removal to an alien whom the Attorney General “determines” or “decides” has “been convicted by a final judgment of a particularly serious crime.” 8 U.S.C. §§ 1158(b)(2) (A)(ii) (asylum); 1231(b)(3)(B)(ii) (withholding). Petitioner argues that only aggravated felonies qualify as “particularly serious crime[s]” within the meaning of those subsections. A preliminary question is whether we retain appellate jurisdiction to decide that question.
BACKGROUND
In 1993, Khalid Nethagani, a native and…
2Cases cited16 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
- Sameh Sami S. Khouzam, A/K/A Sameh Sami Khouzam, A/K/A Sameh S. Khouzam, A/K/A Sameh Khouzam v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2004
- FRENTESCUBoard of Immigration Appeals · 1982
- Oyenike Alaka v. Attorney General of the United States Secretary of Department of Homeland SecurityCourt of Appeals for the Third Circuit · 2006
11 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Öztürk v. HydeCourt of Appeals for the Second Circuit · 2025
- Mendez v. HolderCourt of Appeals for the Second Circuit · 2009
- Delgado v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Ruiz v. MukaseyCourt of Appeals for the Second Circuit · 2009
- Shabaj v. HolderCourt of Appeals for the Second Circuit · 2013
67 more not listed; retrieve them via the Exa API.