Julio Cisternas-Estay and Doris Cisternas-Estay v. Immigration and Naturalization Service

Although the Administrative Procedure Act, 5 U.S.C. § 551 et seq. (hereinafter APA), has been in effect since 1946, and the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. (hereinafter INA), since 1952, new issues occasionally arise concerning their interrelationship. The two cases sub judice squarely confront this court with an issue of first impression: does the mandatory disqualification provision of § 5(c) of the APA, 5 U.S.C. § 554(d),1 govern the review by the Board of Immigration Appeals (hereinafter BIA) of decisions of an immigration judge, specifically those denying…