Skip to main content
· 5/24/2004

Dalal Zayed v. United States of America

Citations

  • 368 F.3d 902
  • 2004 U.S. App. LEXIS 10145
  • 2004 WL 1144469

How courts have described this case

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

  • holding that courts have jurisdiction but § 1429 prevents them from affording requested relief
  • concluding that the exercise of jurisdiction was proper because “[ajlthough the petition was dismissed without prejudice, the dismissal clearly terminated the action; Ms. Zayed could not cure the defect by amendment”
  • concluding that the exercise of jurisdiction was proper because “[a]lthough the petition was dismissed without prejudice, the dismissal clearly terminated the action; Ms. Zayed could not cure the defect by amendment”
  • concluding “the effect of § 1429 . . . is to limit the scope of the court's review and circumscribe the availability of effective remedies, but not to oust the district court of a jurisdiction expressly conferred on it” by Section 1421(c)
  • A[W]e do not read the amended ' 1429 as divesting the district courts of the jurisdiction granted under ' 1421(c).@
  • “The history of the Immigration Act of [1990] does suggest that Congress intended removal proceedings to have priority over naturalization proceedings”

Source: CourtListener parenthetical corpus (CC0).

Judges: David, Gilman, Nelson, Rogers

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.