Legal Opinion

Beharry v. Ashcroft

Court of Appeals for the Second Circuit

Decided May 1, 2003No. Docket No. 02-2171PublishedCited by 100 opinions

1Opinion of the Court

SOTOMAYOR, Circuit Judge.

Respondent John Ashcroft, Attorney General of the United States, appeals from a judgment of the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge) granting petitioner Don Beharry a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the ground that petitioner was eligible for discretionary relief from deportation under § 212(h) of the Immigration and Naturalization Act (“INA”). The district court held that various international treaty obligations required that petitioner be given the opportunity to apply for discretionary §…

2Cases cited30 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Booth v. ChurnerSupreme Court of the United States · 2001
  3. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  4. McKart v. United StatesSupreme Court of the United States · 1969
  5. Crowell v. BensonSupreme Court of the United States · 1932

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3Cited by100 opinions

  1. Giuli Ivanishvili v. United States Department of Justice & Attorney General GonzalesCourt of Appeals for the Second Circuit · 2006
  2. Trevor A. Laing v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  3. Errol A. Foster v. United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
  4. Carlos Gonzalez v. Cynthia J. O'connell, District Director, Bureau of Immigration and Customs Enforcement, and United States of AmericaCourt of Appeals for the Seventh Circuit · 2004
  5. Beaudry v. Corrections Corp. of AmericaCourt of Appeals for the Tenth Circuit · 2003

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