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Legal Opinion

Gustavo Gutierrez-Chavez v. Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided July 31, 2002No. 00-56149PublishedCited by 78 opinions

1Opinion of the Court

OPINION

D.W. NELSON, Circuit Judge.

Gustavo Gutierrez-Chavez challenges the manner in which the BIA exercised its discretion in denying his request for a 212(c) waiver of deportation. We must decide if he can do so in a 28 U.S.C. § 2241 petition for habeas corpus.

I. FACTUAL AND PROCEDURAL BACKGROUND

Gutierrez was admitted to the United States as a legal permanent resident in 1979 at the age of thirteen. After holding several odd jobs, Gutierrez began working at a company called Stack Equipment in 1986. Gutierrez testified before the Immigration Judge (“IJ”) that sometime in 1990, while still…

2Cases cited11 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
  3. Daniel Magana-Pizano v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1999
  4. Jan Acewicz v. U.S. Immigration and Naturalization Service, Henryk Brelyk v. U.S. Immigration and Naturalization Service, Albin Czyz v. U.S. Immigration and Naturalization Service, Tadeusz Nogacki v. U.S. Immigration and Naturalization Service, Andrzej Andrzelachaj v. U.S. Immigration and Naturalization Service, Stanislaw Rusiecki v. U.S. Immigration and Naturalization Service, Henryk Wroblewski v. U.S. Immigration and Naturalization Service, Pawel Woszewski v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1993
  5. Yang v. Immigration & Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1997

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3Cited by78 opinions

  1. Vijendra K. Singh v HolderCourt of Appeals for the Ninth Circuit · 2011
  2. Neama El Sayed Ramadan Gaser Hesham El Gendy v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007
  3. Jean Neckson Cadet v. John M. BulgerCourt of Appeals for the Eleventh Circuit · 2004
  4. Auguste v. RidgeCourt of Appeals for the Third Circuit · 2005
  5. Jatinder Pal Singh v. John Ashcroft, Attorney General Charles H. DemoreCourt of Appeals for the Ninth Circuit · 2003

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