Legal Opinion

Gorbach v. Reno

Court of Appeals for the Ninth Circuit

Decided June 4, 1999No. 98-35723PublishedCited by 6 opinions

1Opinion of the Court

Opinion by Judge RYMER; Dissent by Judge KLEINFELD.

RYMER, Circuit Judge:

The question before us is whether the Attorney General, who has the exclusive power to naturalize, has the statutory authority to reopen and revoke her orders of naturalization on grounds of fraud, material misrepresentation or ineligibility for naturalization subject to de novo judicial review by an Article III court.

The Immigration Act of 1990, § 401(a), 8 U.S.C. § 1421(a), transferred the sole authority to naturalize from state courts of record and federal district courts to the Attorney General, without limiting the…

2Cases cited51 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  4. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
  5. Reiter v. Sonotone Corp.Supreme Court of the United States · 1979

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3Cited by6 opinions

  1. Gorbach v. RenoCourt of Appeals for the Ninth Circuit · 2000
  2. Michigan Pork Producers Ass'n v. Campaign for Family FarmsDistrict Court, W.D. Michigan · 2001
  3. Gorbach v. RenoCourt of Appeals for the Ninth Circuit · 1999
  4. Gorbach v. RenoCourt of Appeals for the Ninth Circuit · 1999
  5. Gorbach v. RenoCourt of Appeals for the Ninth Circuit · 2000

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