Legal Opinion
Cabaccang v. United States Citizenship & Immigration Services
Court of Appeals for the Ninth Circuit
Decided December 29, 2010No. 09-56089PublishedCited by 49 opinions
1Opinion of the Court
OPINION
TALLMAN, Circuit Judge:
We must decide whether a district court may hear an alien’s challenge to the government’s denial of an application to adjust status when removal proceedings are simultaneously pending against the alien. We hold it may not. Because the alien plaintiffs here are currently in removal proceedings, we vacate the district court’s order granting summary judgment to the defendants and remand with instructions to dismiss the action for lack of jurisdiction.
I
Plaintiffs-Appellants Isidro and Belen Cabaccang, husband and wife and citizens of the Philippines, entered the…
2Cases cited9 opinions
- Reiter v. CooperSupreme Court of the United States · 1993
- Wolfson v. BrammerCourt of Appeals for the Ninth Circuit · 2010
- Pinho v. Atty Gen USACourt of Appeals for the Third Circuit · 2005
- Debra A. Howell v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1995
- Hose v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1999
4 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Patel v. GarlandSupreme Court of the United States · 2022
- Canal A Media Holding LLC v. United States Citizenship and Immigration ServicesCourt of Appeals for the Eleventh Circuit · 2020
- Qureshi v. HolderCourt of Appeals for the Fifth Circuit · 2011
- Jie Fang v. Dir. U.S. Immigration & Customs EnforcementCourt of Appeals for the Third Circuit · 2019
- Silva Mamigonian v. Michael BiggsCourt of Appeals for the Ninth Circuit · 2013
44 more not listed; retrieve them via the Exa API.