Legal Opinion
Herbert v. Ashcroft
Court of Appeals for the First Circuit
Decided April 8, 2003No. 02-1950PublishedCited by 47 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
Diland Herbert is a native and citizen of Trinidad and Tobago, a lawful permanent resident of the United States for almost twenty-five years, and the father of a ten-year-old American citizen. He petitions for review of the denial of his motion to reopen a decision in absentia to deport him. The motion was denied because he was approximately thirty minutes late for his hearing on January 11, 2002. 8 U.S.C. § 1229a(b)(5)(A) (2000). This is, however, not a tardiness case alone; there are other unusual circumstances. In light of these unusual circumstances, we grant the…
2Cases cited10 opinions
- Ungar v. SarafiteSupreme Court of the United States · 1964
- Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
- Albathani v. INSCourt of Appeals for the First Circuit · 2003
- Vikesh Datt SHARMA; Vijanti Devi Sharma, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1996
- Natalia Nazarova v. Immigration & Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1999
5 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Alexander Twum v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2005
- El Moraghy v. AshcroftCourt of Appeals for the First Circuit · 2003
- Haoud v. AshcroftCourt of Appeals for the First Circuit · 2003
- Yongo v. Immigration & Naturalization ServiceCourt of Appeals for the First Circuit · 2004
- Zhang v. Immigration & Naturalization ServiceCourt of Appeals for the First Circuit · 2003
42 more not listed; retrieve them via the Exa API.