Antonio Reyes-Vasquez v. John Ashcroft, Attorney General of the United States of America

How courts have described this case

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

• noting that a court may “consider the predicate legal question whether the [agency] properly applied the law to the facts” in making an eligibility determination
• finding that the alien’s apprehension and return by the Border Patrol was not a “presence-breaking voluntary departure” where there was no evidence that the alien was informed of and accepted the terms
• stating that “before it may be found that a presence-breaking voluntary departure occurred, the record must contain some evidence that the alien was informed of and accepted its terms”
• holding that an alien who had been present in the United States since 1984 and returned to Mexico for two weeks in 1990 to attend to his ailing grandfather did not break the con- tinuity of his presence by simply being turned around at the border upon his attempted reentry
• observing that those cases in which a finding of a break in continuous presence has been upheld, the threat of deportation was clearly expressed and understood by the alien and the record contained evidence that the alien was informed of and accepted the terms of his departure
• discussing this court’s jurisdiction over an IJ’s decision that an alien was not eligible for the discretionary relief of cancellation of removal

Source: CourtListener parenthetical corpus (CC0).