Legal Opinion · Dissent

Chong Shin Chen v. John Ashcroft, Attorney General

Court of Appeals for the Ninth Circuit

Decided August 10, 2004No. 02-73473Published

1DissentWallace, Circuit Judge

Not content to decide the issues Chen presents in his petition for review, the majority strains his argument to bring within its cross hairs bigger game. Nowhere in his petition for review does Chen contend that the Board of Immigration Appeals (Board) failed to comply with its streamlining regulations in affirming, without opinion, the Immigration Judge’s (IJ) ruling that he was inadmissible for permanent residence under Immigration and Nationality Act (INA) section 245 (a), 8 U.S.C. § 1255(a). Chen does challenge the Board’s streamlining decision, but he clearly limits his attack to the…

2Cases cited10 opinions

  1. Auer v. RobbinsSupreme Court of the United States · 1997
  2. Gerardo Bibiano Falcon Carriche Theresa v. De Falcon Carriche and Christina Pamela Falcon Bibiano v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  3. Kelly Koerner v. George A. GrigasCourt of Appeals for the Ninth Circuit · 2003
  4. Joseph Ngure v. John D. Ashcroft, Attorney General of the United StatesCourt of Appeals for the Eighth Circuit · 2004
  5. Naji Antoine Tokatly v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004

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