Legal Opinion

Wilmore v. Gonzales

Court of Appeals for the Fifth Circuit

Decided July 5, 2006No. 05-60467PublishedCited by 16 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

This case involves a petition for review of an order of the Board of Immigration Appeals (“BIA”) that finds the petitioner is ineligible for cancellation of removal pursuant to the battered spouse provision in 8 U.S.C. § 1229b(b)(2) (Supp. V 2005). The Respondent contends that this Court does not have jurisdiction to review the determination of whether the Petitioner was subjected to “extreme cruelty” under § 1229b(b)(2). We conclude that the determination of whether a petitioner has shown that she has been subjected to extreme cruelty is a discretionary one. Because…

2Cases cited8 opinions

  1. 97 Cal. Daily Op. Serv. 8943, 97 Daily Journal D.A.R. 14,491 Veronico Blas Almario Kalaw Eleanor Lu Dalisay v. Immigration and Naturalization Service, Florencia Garcia Revilla v. Immigration and Naturalization Service, Anastacia Miranda-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1997
  2. Immigration & Naturalization Service v. Jong Ha WangSupreme Court of the United States · 1981
  3. Laura Luis Hernandez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  4. Wazirali Moosa, Also Known as Wazir Ali Haider Ali Moosa Zebunisa Wazirali Moosa v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1999
  5. Mireles-Valdez v. AshcroftCourt of Appeals for the Fifth Circuit · 2003

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3Cited by16 opinions

  1. Pankajkumar Patel v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2020
  2. Ghanem v. UpchurchCourt of Appeals for the Fifth Circuit · 2007
  3. Rosario v. HolderCourt of Appeals for the Second Circuit · 2010
  4. Stepanovic v. FilipCourt of Appeals for the Seventh Circuit · 2009
  5. Ballardo Castro v. HolderCourt of Appeals for the First Circuit · 2013

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