Legal Opinion

M.A. A26851062 v. U.S. Immigration & Naturalization Service

Court of Appeals for the Fourth Circuit

Decided March 27, 1990No. 88-3004PublishedCited by 1 opinion

1Opinion of the Court

WILKINSON, Circuit Judge:

In this case we consider the scope of the Board of Immigration Appeals’ authority to deny an alien’s request for asylum in the context of a motion to reopen deportation proceedings. On the eve of deportation, petitioner asked that his deportation proceedings be reopened so that he could request asylum under the Refugee Act of 1980, Pub.L. 96-212, 94 Stat. 102 (1980), based on his fear of persecution for refusing to serve in the Salvadoran military. An immigration judge denied petitioner’s motion to reopen because he failed to present a prima facie ease of eligibility…

2Cases cited38 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  3. Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
  4. Immigration & Naturalization Service v. StevicSupreme Court of the United States · 1984
  5. Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964

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3Cited by1 opinion

  1. M.A. A26851062 v. U.S. Immigration & Naturalization Service, Central American Refugee Center Lawyers Committee for Human Rights and Americas Watch American Immigration Lawyers Association Asylum Appeals Program of the San Francisco Lawyers Committee for Urban Affairs National Immigration Project of the National Lawyers Guild, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1990

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