Legal Opinion

Bernal-Vallejo v. Immigration & Naturalization Service

Court of Appeals for the First Circuit

Decided November 2, 1999No. 99-1211PublishedCited by 119 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

Javier Bernal-Vallejo (“Bernal”) has been ordered deported and petitions for judicial review of that order. Whether this court has jurisdiction over his petition is a matter affected by one provision of the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, div. C, 110 Stat. 3009-546 (1996) (IIRIRA). That provision, IIRIRA § 309(c)(4)(E), says that “there shall be no appeal of any discretionary decision under section ... 244 [and other enumerated sections of the Immigration and Nationality Act].”

We hold that…

2Cases cited24 opinions

  1. Reno v. American-Arab Anti-Discrimination CommitteeSupreme Court of the United States · 1999
  2. 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
  3. Immigration & Naturalization Service v. Jong Ha WangSupreme Court of the United States · 1981
  4. Rosenberg v. FleutiSupreme Court of the United States · 1963
  5. Julio Lozada v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1988

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3Cited by119 opinions

  1. Bangura v. HansenCourt of Appeals for the Sixth Circuit · 2006
  2. Aguilar v. United States Immigration & Customs Enforcement Division of the Department of Homeland SecurityCourt of Appeals for the First Circuit · 2007
  3. Jose Borges v. Alberto Gonzales, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2005
  4. Laura Luis Hernandez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  5. Jian Yun Zheng v. United States Department of Justice, John Ashcroft, United States Attorney GeneralCourt of Appeals for the Second Circuit · 2005

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