Legal Opinion

Mustanish v. Mukasey

Court of Appeals for the Ninth Circuit

Decided March 10, 2008No. 04-74290PublishedCited by 10 opinions

1Opinion of the Court

MILAN D. SMITH, JR., Circuit Judge:

In this appeal, we consider Petitioner Jess Mustanich’s (Mustanich) petition for review of a final order of removal by the Board of Immigration Appeals (BIA). Mustanich was convicted of burglary and subsequently ordered removed under 8 U.S.C. § 1227(a)(2)(A)(iii) as an alien who committed an aggravated felony. He seeks to terminate his removal proceedings on the ground that he is a United States citizen, arguing that although he did not file an application for naturalization prior to the applicable statutory deadline, the United States is equitably estopped…

2Cases cited18 opinions

  1. Ashley Hunt Greenwood v. Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 1994
  2. Giovanni Molina-Estrada v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
  3. Immigration & Naturalization Service v. PangilinanSupreme Court of the United States · 1988
  4. Miller v. AlbrightSupreme Court of the United States · 1998
  5. Dipankar Mukherjee, Plaintiff-Appellee/cross-Appellant v. Immigration and Naturalization Service, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1986

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3Cited by10 opinions

  1. Alcala v. HolderCourt of Appeals for the Ninth Circuit · 2009
  2. Mark Brown v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014
  3. Rajeshree Roy v. William BarrCourt of Appeals for the Ninth Circuit · 2020
  4. Alcala v. HolderCourt of Appeals for the Ninth Circuit · 2009
  5. Azarmanesh v. GarlandDistrict Court, N.D. California · 2025

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