Legal Opinion

Ernest Francis v. Immigration and Naturalization Service

Court of Appeals for the Second Circuit

Decided March 9, 1976No. 610, Docket 74-2245PublishedCited by 349 opinions

1Opinion of the Court

LUMBARD, Circuit Judge:

The Board of Immigration Appeals entered a final order of deportation against Ernest Francis, petitioner, on August 14, 1974. The basis for the order is petitioner’s conviction of a marijuana offense. Ernest Francis seeks review of that order pursuant to Section 106 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1105a, claiming that he is entitled to apply for the discretion of the Attorney General to permit him to remain in this country.

Under present Board interpretations, a lawfully admitted alien, convicted of a narcotics offense, who departs from and…

2Cases cited19 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Bolling v. SharpeSupreme Court of the United States · 1954
  3. F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
  4. Johnson v. RobisonSupreme Court of the United States · 1974
  5. Kleindienst v. MandelSupreme Court of the United States · 1972

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3Cited by349 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Judulang v. HolderSupreme Court of the United States · 2011
  3. Errol A. Foster v. United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
  4. MARINBoard of Immigration Appeals · 1978
  5. COELHOBoard of Immigration Appeals · 1992

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