Legal Opinion

Jose Ramon-Sepulveda v. Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided September 25, 1984No. 83-7602PublishedCited by 36 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

The issue on appeal is whether the immigration judge violated the clear language of 8 C.F.R. § 242.22 and thus abused his discretion in reopening Ramon-Sepulveda’s deportation hearing after it had been terminated. Section 242.22 precludes granting a motion to reopen based on newly discovered evidence unless the evidence “could not have been discovered or presented at the hearing.” The Bureau of Immigration Appeals (BIA) affirmed the immigration judge’s decision to reopen. We reverse. FACTS

The Immigration and Naturalization Service (INS) instituted deportation…

2Cases cited8 opinions

  1. Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
  2. United States v. Eziquio Calderon-Medina, United States of America v. Evaristo Rangel-GonzalesCourt of Appeals for the Ninth Circuit · 1979
  3. Josefina Gonzalez Batoon v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1983
  4. Seyed Mohammad Samimi v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1983
  5. Digidyne Corp. v. Data General Corp.Court of Appeals for the Ninth Circuit · 1984

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3Cited by36 opinions

  1. Andriasian v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1999
  2. Jose J. Padilla-Padilla Guadalupe D. Padilla-Enriquez Adela Enriquez v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  3. Jose Ramon-Sepulveda v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1988
  4. United States v. Isaac RamosCourt of Appeals for the Ninth Circuit · 2010
  5. United States v. Reyes-BonillaCourt of Appeals for the Ninth Circuit · 2012

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