Legal Opinion

Succar v. Ashcroft

Court of Appeals for the First Circuit

Decided January 5, 2005No. 03-2445PublishedCited by 179 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

This case raises issues of first impression in immigration law as to the validity of a regulation promulgated in 1997 by the Attorney General, 8 C.F.R. § 245.1(e)(8). The regulation redefines certain aliens as ineligible to apply for adjustment of status to lawful permanent residents whom a statute, 8 U.S.C. § 1255(a), defines as eligible to apply. Under that regulation, the Attorney General will not consider an application for adjustment of status from the entire category of aliens who have been granted parole status but have been placed in removal proceedings.

The…

2Cases cited42 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  4. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  5. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000

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3Cited by179 opinions

  1. Al Otro Lado v. Chad WolfCourt of Appeals for the Ninth Circuit · 2020
  2. Elliott Levine v. Craig ApkerCourt of Appeals for the Second Circuit · 2006
  3. Zheng Zheng v. Alberto Gonzales, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2005
  4. Ortega-Cervantes v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
  5. Luis Sepulveda v. Alberto Gonzales, Attorney General of the United States, 1Court of Appeals for the Second Circuit · 2005

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