Johns v. McKinley

I concur in so much of Judge Kearse’s opinion as holds that INS Commissioner Alan C. Nelson may be held liable for a denial of due process in unreasonably delaying the disposition of a petition for mitigation of forfeiture filed under 8 C.F.R. § 274.13. I also concur in the dismissal of the complaint with respect to District Director Benedict J. Ferro for the reason that there is no indication that he had any responsibility for the 65-day delay complained of by Johns. However, I must respectfully dissent from the affirmance of the dismissal of the complaint against Regional Commissioner…