Legal Opinion
Falek v. Gonzales
Court of Appeals for the Fifth Circuit
Decided January 8, 2007No. 05-60624PublishedCited by 22 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In this petition for review, John Falek, who was denied admissibility upon reentry into this country, appeals the decision of the Board of Immigration Appeals (“BIA”), which vacated the Immigration Judge’s (“IJ”) grant of a § 212(c) waiver of inadmissibility and ordered him deported. Because the decision to grant or not to grant waiver of admissibility is discretionary with the BIA, the merits of that decision are nonappealable. Bravo v. Ashcroft, 341 F.3d 590, 593 (5th Cir.2003). Falek contends, however, that in deciding his case, the BIA violated his due…
2Cases cited14 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Johnson v. RobisonSupreme Court of the United States · 1974
- Anant Ram Sangeeta Ram Nazra Bibi Ram v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
- Kuang-Te Wang v. AshcroftCourt of Appeals for the Fifth Circuit · 2001
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Omari v. HolderCourt of Appeals for the Fifth Circuit · 2009
- Barco-Sandoval v. GonzalesCourt of Appeals for the Second Circuit · 2008
- Gustavo Monteon-Camargo v. William Barr, U. S. AttCourt of Appeals for the Fifth Circuit · 2019
- Miriam Garrido-Morato v. Alberto R. Gonzales, U.S. Attorney GeneralCourt of Appeals for the Fifth Circuit · 2007
- Barco-Sandoval v. GonzalesCourt of Appeals for the Second Circuit · 2007
17 more not listed; retrieve them via the Exa API.