Norma Andalis Bagamasbad v. Immigration and Naturalization Service

I respectfully dissent because I believe that the majority opinion extends the scope of judicial review of action by the Attorney General under Section 245 of the 1952 Immigration and Nationality Act, 8 U.S.C. § 1255, beyond that authorized by the applicable congressional statutes, as implemented by Executive Regulations and construed by the Supreme Court of the United States.

Unlike the majority, I believe that the statutory language in 8 U.S.C. § 1255(a) and analogous case law only requires the Attorney General to examine the facts and decide whether to exercise his “discretion” on an…