Legal Opinion

Rigoberto Lazo v. Alberto Gonzales, Attorney General of the United States

Court of Appeals for the Second Circuit

Decided September 1, 2006No. Docket 04-5188-agPublishedCited by 30 opinions

1Per curiam

An Immigration Judge (“IJ”) found Rigoberto Lazo removable, but granted discretionary relief in view of the time elapsed since Lazo’s criminal offense. By order of August 31, 2004, the Board of Immigration Appeals (“BIA”) [1] overturned the IJ’s grant of discretionary relief and [2] ordered Lazo removed. Lazo petitions for review on the ground that the BIA lacks power to issue an order of removal and, if it overturns discretionary relief, it must therefore remand to the IJ for entry of the formal removal order. Because the plain statutory language commands that we treat the IJ’s finding of…

2Cases cited6 opinions

  1. Lorenzo Molina-Camacho v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  2. Duaut A. Duamutef v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
  3. Angel Abad Solano-Chicas v. Alberto Gonzales, Attorney General of the United States of America, 1Court of Appeals for the Eighth Circuit · 2006
  4. Evangelista v. AshcroftCourt of Appeals for the Second Circuit · 2004
  5. Delgado-Reynua v. GonzalesCourt of Appeals for the Fifth Circuit · 2006

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3Cited by30 opinions

  1. Marjorie Konda Lolong v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007
  2. Yusupov v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2008
  3. Alibasic v. MukaseyCourt of Appeals for the Second Circuit · 2008
  4. Chupina v. HolderCourt of Appeals for the Second Circuit · 2009
  5. Guevara, Eusebio v. Gonzales, AlbertoCourt of Appeals for the Seventh Circuit · 2007

25 more not listed; retrieve them via the Exa API.

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