Legal Opinion
Jose Irene Ramirez-Osorio v. Immigration and Naturalization Service, Jose Ismael Rubio v. Immigration and Naturalization Service
Court of Appeals for the Fifth Circuit
Decided December 13, 1984No. 83-4545, 83-4546PublishedCited by 45 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
We are asked to hold that the Immigration and Naturalization Service in all deportation proceedings must inform each alien of his “right” to petition for asylum and inform him that filing a petition for asylum automatically stays deportation until the request is answered. We are told that not giving such notice frustrates congressional will as expressed in the Refugee Act of 1980, Pub.L. No. 96-212, 94 Stat. 102 (1980), and that, regardless, constitutional due process mandates such notice. Despite this argument’s humanitarian tug, we are unable to find…
2Cases cited27 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
22 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Omari v. HolderCourt of Appeals for the Fifth Circuit · 2009
- United States v. Joel Lopez-OrtizCourt of Appeals for the Fifth Circuit · 2002
- Goonsuwan v. AshcroftCourt of Appeals for the Fifth Circuit · 2001
- Crosby Wilfredo Orantes-Hernandez v. Richard ThornburghCourt of Appeals for the Ninth Circuit · 1990
- United States v. Benitez-VillafuerteCourt of Appeals for the Fifth Circuit · 1999
40 more not listed; retrieve them via the Exa API.