Legal Opinion · Concurring in part, dissenting in part

Joseph Patrick Doherty v. U.S. Department of Justice, Immigration and Naturalization Service

Court of Appeals for the Second Circuit

Decided June 29, 1990No. 662, 880, Dockets 88-4084, 89-4092Published

1Concurring in part, dissenting in partLumbard, Circuit Judge

After seven years of proceedings before the immigration authorities, the Attorney General has decided that Doherty, who has admitted his deportability after illegal entry into the United States, may not reopen the matter and be heard on his claims for asylum as a political refugee and for withholding of deportation. The record supports the Attorney General’s exercise of his discretion in denying further hearing. It also supports his decision that “[i]t is in the [United States’] interest that [Doherty] be sent directly to the United Kingdom,” which he left as a fugitive from justice, and not…

2Cases cited15 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. United States v. BroceSupreme Court of the United States · 1989
  3. Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
  4. Harisiades v. ShaughnessySupreme Court of the United States · 1951
  5. Immigration & Naturalization Service v. Jong Ha WangSupreme Court of the United States · 1981

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