Legal Opinion

Luis Reyes-Reyes v. John Ashcroft, Attorney General

Court of Appeals for the Ninth Circuit

Decided September 13, 2004No. 03-72100PublishedCited by 59 opinions

1Opinion of the Court

Opinion by Judge McKEOWN; Concurrence by Judge BYBEE.

McKEOWN, Circuit Judge:

Luis Reyes-Reyes petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Because Reyes’s asylum claim was denied as untimely, we lack jurisdiction to reach its merits. We have jurisdiction, however, to review the BIA’s denial of his withholding and CAT claims. Because the immigration judge (IJ) invoked the wrong standard in analyzing both of these claims, we grant the petition and…

2Cases cited11 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
  3. Abdul Hakeem v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
  4. Li Chen Zheng, AKA Zheng Li Chen v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  5. Geovanni Hernandez-Montiel v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000

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3Cited by59 opinions

  1. Perez v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  2. German Ochoa Claudia Diaz v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  3. Francisco Ornelas-Chavez v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  4. Nancy Arabillas Morales v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007
  5. Nasser Mustapha Karouni v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005

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