Legal Opinion
John DOE, Petitioner-Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellant
Court of Appeals for the Ninth Circuit
Decided July 29, 1997No. 97-16093PublishedCited by 49 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether a writ of audita querela may issue to vacate a criminal conviction on solely equitable grounds.
I
John Doe is a native and citizen of Mexico, who entered the United States without inspection in December 1987. On June 16, 1988, Doe applied for amnesty as a Special Agricultural Worker (“SAW”) under the Immigration Reform and Control Act of 1986 (“IRCA”). See 8 U.S.C. § 1160. The application was denied on November 8, 1988, and Doe appealed.
In the meantime, in August 1989, Doe pleaded guilty to possession with intent to distribute cocaine in…
2Cases cited10 opinions
- United States v. MorganSupreme Court of the United States · 1954
- United States v. BandaCourt of Appeals for the Fifth Circuit · 1993
- United States v. Wilfredo Felix AyalaCourt of Appeals for the D.C. Circuit · 1990
- United States v. Jorge L. ReyesCourt of Appeals for the Fifth Circuit · 1991
- United States v. Ewart Mark HolderCourt of Appeals for the First Circuit · 1991
5 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Al Otro Lado v. Chad WolfCourt of Appeals for the Ninth Circuit · 2020
- United States v. Thomas Alan SumnerCourt of Appeals for the Ninth Circuit · 2000
- Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- United States v. HovsepianCourt of Appeals for the Ninth Circuit · 2004
- Trenkler v. United StatesCourt of Appeals for the First Circuit · 2008
44 more not listed; retrieve them via the Exa API.