Legal Opinion · Concurring in part, dissenting in part

Sebastian Diaz-Salazar v. Immigration and Naturalization Service, and the Board of Immigration Appeals

Court of Appeals for the Seventh Circuit

Decided March 1, 1983No. 82-1130, 82-1610Published

1Concurring in part, dissenting in partWeick, Senior Circuit Judge

I concur in No. 82-1130 and respectfully dissent in No. 82-1610 for the reasons hereinafter set forth.

INS concedes that this court has jurisdiction to review the petition for review filed in No. 82-1610. The issue here is whether the Board of Immigration Appeals (BIA) abused its discretion in denying, without an evidentiary hearing, petitioner’s motion to reopen his deportation hearing in order to *1161apply for suspension of deportation pursuant to Section 244(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1254(a)(i). The motion was supported by affidavits to the effect that petitioner…

2Cases cited16 opinions

  1. Immigration & Naturalization Service v. Jong Ha WangSupreme Court of the United States · 1981
  2. Jorge Santana-Figueroa v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1981
  3. Narciso Edgardo Inciong Villena v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1980
  4. Erodina Urbano De Malaluan v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1978
  5. Vuthisit Prapavat and Jongchit Prapavat v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1981

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