Legal Opinion

Joseph Elian v. John Ashcroft, Attorney General

Court of Appeals for the Ninth Circuit

Decided June 2, 2004No. 02-72752PublishedCited by 181 opinions

1Opinion of the Court

ORDER

In a case arising under the Illegal Immigration Reform and Immigrant Responsibility Act’s (“IIRIRA”) transitional rules where the Board of Immigration Appeals (“BIA”) granted the alien voluntary departure, we must decide whether the voluntary departure period is stayed by the filing of a petition for review 1 in this court. 2 We find that it is and, accord ingly, deny petitioner’s motion to stay voluntary departure as moot.

I

Joseph Elian is a Christian Palestinian from the West Bank. In 1990, after spending three months in Jordan and acquiring a Jordanian passport, he traveled to the…

2Cases cited7 opinions

  1. Tilahun Fantaye Desta v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  2. 97 Cal. Daily Op. Serv. 8943, 97 Daily Journal D.A.R. 14,491 Veronico Blas Almario Kalaw Eleanor Lu Dalisay v. Immigration and Naturalization Service, Florencia Garcia Revilla v. Immigration and Naturalization Service, Anastacia Miranda-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1997
  3. Violeta I. Garcia v. John Ashcroft, Attorney General, Felipe Santiago Cortegana v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  4. Manuel Zazueta-Carrillo v. John D. Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  5. Hose v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1999

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3Cited by181 opinions

  1. Jessie Aromin Deloso v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  2. Vladimir Iouri and Vera Yuriy v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2007
  3. Vladimir Iouri and Vera Yuriy v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2006
  4. Ramos v. NielsenDistrict Court, N.D. California · 2018
  5. Jessie Aromin Deloso v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004

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