Alexis Milton Edwards v. Immigration and Naturalization Service, Eva Trinidad Falconi v. Immigration and Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “an award 9 of nunc pro tunc relief ordinarily be available where agency error would otherwise result in an 10 alien being deprived of the opportunity to seek a particular form of deportation relief”
• explaining that nunc pro tunc relief is not available “in contravention of the expressed intent of Congress”
• explaining that “[t]he equitable remedy of nunc pro tunc (literally ‘now for then’) relief has a long and 4 distinguished history in the field of immigration law”
• explaining the role of nunc pro tunc (literally “now for then”) in the field of immigration law
• “Applying this framework, courts have concluded that—where an agency error would otherwise be irremediable, and where the plaintiff has been deprived of a significant benefit—fairness to the parties. . . dictates that the error be remedied nunc pro tunc.”
• “It remains an open question in this circuit whether time accrued in pretrial detention should be counted in calculating whether the five year bar applies.”

Source: CourtListener parenthetical corpus (CC0).