Legal Opinion · Concurring in part, dissenting in part
De Perio v. Gonzales
Court of Appeals for the Ninth Circuit
Decided March 7, 2007No. 05-74638Published
1Concurring in part, dissenting in partTallman, Circuit Judge
While I agree with my colleagues that the De Perios’ claims do not warrant granting their petition for review, I respectfully dissent because we lack jurisdiction to reach the merits of their appeal. We should simply dismiss the petition for that reason. The BIA issued two orders on July 10, 2003 — one involving the IJ’s denial of the petitioners’ request for a continuance of the removal proceeding, and one involving the revocation of Mr. De Perio’s visa petition. As they did in their previous appeal to this court, see De Perio v. Ashcroft, 120 Fed.Appx. 75, 76 (9th Cir. 2005), the De Perios…
2Cases cited4 opinions
- State Of New Jersey, Department Of Environmental Protection And Energy v. Long Island Power AuthorityCourt of Appeals for the Third Circuit · 1994
- Entravision Holdings, LLC v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2000
- Larouche's Committee for a New Bretton Woods v. Federal Election CommissionCourt of Appeals for the D.C. Circuit · 2006
- De Perio v. AshcroftCourt of Appeals for the Ninth Circuit · 2005