Bassel Nabih Assaad v. John Ashcroft, U.S. Attorney General

How courts have described this case

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

• holding that the .petition er’s motion to reopen his immigration proceedings “does not allege a violation of his Fifth Amendment right to due process” because failing to receive purely discretionary relief “does not amount to a depri-, vation of a liberty interest”
• noting that failure to receive discretionary relief does not amount to the deprivation of a liberty interest
• finding that there is no right to due process where there is a failure to provide purely discretionary relief
• explaining BIA’s order denying reopening is shielded from judicial review if underlying final order of removal is not reviewable under § 1252(a)(2)
• applying jurisdictional bar to motions to reopen where review of the underlying order is jurisdictionally barred
• explaining that “just as our power to review a final [removal] order is circumscribed by § 1252(a)(2)’s various jurisdiction-stripping provisions, our ‘jurisdiction to entertain an attack on that order mounted through filing . . . a motion to reopen’ is equally curtailed”

Source: CourtListener parenthetical corpus (CC0).