Legal Opinion

Kenneth Durant v. United States Immigration and Naturalization Service

Court of Appeals for the Second Circuit

Decided December 16, 2004No. 99-4096-AG(L), 99-4192-AG(CON)PublishedCited by 47 opinions

1Opinion of the Court

SOTOMAYOR, Circuit Judge.

The Government moves to dismiss petitioner Kenneth Durant’s petitions for review of a June 1999 final order of removal and an October 1999 order denying a motion to reopen the removal proceedings. The Board of Immigration Appeals (“BIA”) determined that Durant was removable because of his conviction for a controlled substance offense, which they also classified as an aggravated felony. 1 We hold that this Court lacks jurisdiction to review the June 1999 final order of removal because 8 U.S.C. § 1252(a)(2)(C) prohibits review of such orders when an alien has been…

2Cases cited9 opinions

  1. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
  2. Calcano-Martinez v. Immigration & Naturalization ServiceSupreme Court of the United States · 2001
  3. Bassel Nabih Assaad v. John Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Fifth Circuit · 2004
  4. Patel v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2003
  5. Edith Stewart v. U.S. Immigration & Naturalization ServiceCourt of Appeals for the Fourth Circuit · 1999

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3Cited by47 opinions

  1. Jose Cruz v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2006
  2. Luis Sepulveda v. Alberto Gonzales, Attorney General of the United States, 1Court of Appeals for the Second Circuit · 2005
  3. Khan v. FilipCourt of Appeals for the Seventh Circuit · 2009
  4. Elena Mariuta, Also Known as Elena Mariuta Nadolo v. Alberto Gonzales, Attorney General, 1Court of Appeals for the Second Circuit · 2005
  5. Mehilli v. GonzalesCourt of Appeals for the First Circuit · 2005

42 more not listed; retrieve them via the Exa API.

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