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· 3/26/2003

Belay-Gebru v. Immigration & Naturalization Service

Citations

  • 327 F.3d 998
  • 2003 U.S. App. LEXIS 5831
  • 2003 WL 1961280

How courts have described this case

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

  • observing that the “decision of the BIA whether to invoke its sua sponte authority is committed to its unfettered discretion” and is therefore “not subject to judicial review” (quotation omitted)
  • suggesting that motion to reconsider is reviewed for abuse of discretion
  • “[T]he decision of the BIA whether to invoke its sua sponte authority is committed to its unfettered discretion. Therefore, the very nature of the claim renders it not subject to judicial review.” (alteration in original) (citation omitted)
  • “a petition for review of a final order of exclusion or deportation must be filed with the court of appeals not later than thirty days after issuance of the final order,” i.e., after the BIA denies an appeal
  • same with regard to motion to reopen

Source: CourtListener parenthetical corpus (CC0).

Judges: Tacha, Seymour, Ebel

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.