Ernest Francis 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.

• stating that “[u]nder no plausible understanding of equal protection principles must discretionary relief be made available in deportation cases where the ground for deportation could not be ... asserted at all in an exclusion case”
• “Fundamental fairness dictates that permanent resident aliens who are in like circum- stances, but for irrelevant and fortuitous factors, be treated in a like manner.”
• “Fundamental fairness dictates that permanent resident aliens who are in like circumstances, but for irrelevant and fortuitous factors, be treated in a like manner.”
• “[A]n alien whose ties with this country are so strong that he has never de­parted after his initial entry should receive at least as much consideration as an individual who may leave and return from time to time”
• resident aliens in both exclusion and deportation proceedings eligible for 212(c) relief
• equal protection clause violated when § 212(c) waiver was available to lawful permanent residents who departed and returned to the United States – but unavailable to those who never left the country

Source: CourtListener parenthetical corpus (CC0).