Legal Opinion
Zi-Xing Lin v. Alberto R. Gonzales, Attorney General
Court of Appeals for the Ninth Circuit
Decided January 5, 2007No. 04-73860PublishedCited by 56 opinions
1Opinion of the Court
SMITH, Circuit Judge.
Petitioner is a Chinese national who was lawfully removed from the United States, re-entered illegally, and then filed an untimely motion to reopen his original deportation proceedings. The immigration judge (“IJ”) denied petitioner’s motion, the Board of Immigration Appeals (“BIA”) affirmed that denial, and petitioner appealed to this court. We reverse and remand because (a) 8 C.F.R. § 1003.23(b)(1) cannot be applied to the facts of this case, (b) no steps were taken by the Department of Homeland Security (“DHS”) to reinstate petitioner’s prior removal order under 8…
2Cases cited11 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
- Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
- Giovanni Molina-Estrada v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
- Hector Montero-Martinez Gregorio Pedro Montero-Hernandez v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 2002
6 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Cerezo v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- MacArio Bonilla v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- Nehad v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- ARMENDAREZBoard of Immigration Appeals · 2008
- Alejandro Ortiz-Alfaro v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2012
51 more not listed; retrieve them via the Exa API.