Legal Opinion
Benedictor Diaz-Resendez v. Immigration & Naturalization Service
Court of Appeals for the Fifth Circuit
Decided May 12, 1992No. 90-4792PublishedCited by 42 opinions
1Opinion of the Court
POLITZ, Chief Judge:
Benedictor Diaz-Resendez petitions for review of an order of the Board of Immigration Appeals denying discretionary relief from deportation under 8 U.S.C. § 1182(c). Concluding that the Board’s decision is arbitrary and beyond the pale of its discretion we grant review, vacate and remand.
Background
Diaz-Resendez was admitted to the United States as a lawful resident when he was 17 years old. He has been in continuous lawful-resident status for 37 years, has been married to a United States citizen for 29 years, and they are the parents of six children, all born in the United…
2Cases cited20 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Foti v. Immigration & Naturalization ServiceSupreme Court of the United States · 1963
- Ernest Francis v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1976
- MARINBoard of Immigration Appeals · 1978
- Melesio Manuel Tapia-Acuna v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1981
15 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Mohammad Zafar Tipu v. Immigration & Naturalization ServiceCourt of Appeals for the Third Circuit · 1994
- Abdel-Masieh v. United States Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1996
- G-DBoard of Immigration Appeals · 1999
- Lara v. TrominskiCourt of Appeals for the Fifth Circuit · 2000
- Ibrahim Fez Ghassan v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1992
37 more not listed; retrieve them via the Exa API.