Legal Opinion

Adela Hernandez-Ortiz v. Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided December 2, 1985No. 82-7654, 84-7217PublishedCited by 143 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

Adela Hernandez-Ortiz petitions for review of the Immigration and Naturalization Service’s denial of her motion to reopen her deportation proceedings so that she may apply for asylum and for a determination that the Attorney General is prohibited from deporting her. ' Hernandez-Ortiz established a prima facie case for relief under both 8 U.S.C. § 1158(a) (1982) and 8 U.S.C. § 1253(h) (1982). Whether or not the Board relied in part on its discretionary authority to rule on the merits when considering a motion to reopen, we are compelled to conclude that it abused its…

2Cases cited25 opinions

  1. Immigration & Naturalization Service v. StevicSupreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. Jong Ha WangSupreme Court of the United States · 1981
  3. Immigration & Naturalization Service v. PhinpathyaSupreme Court of the United States · 1984
  4. Immigration & Naturalization Service v. Rios-PinedaSupreme Court of the United States · 1985
  5. Espectacion Bolanos-Hernandez v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1985

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3Cited by143 opinions

  1. 96 Cal. Daily Op. Serv. 2252, 96 Daily Journal D.A.R. 3751 Saideh Fisher, AKA Saideh Hassib-Tehrani Kian Hosseini Lavasani v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996
  2. Baljinder Singh SANGHA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1997
  3. Mario Ernesto Navas v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  4. Rajinder Singh v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  5. Varsha Tushar Shah Forum T. Shah Kunal T. Shah v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000

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