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· 8/9/2005

Gheorghe Vasile v. Alberto R. Gonzales, Attorney General of the United States

Citations

  • 417 F.3d 766
  • 2005 WL 1869072

How courts have described this case

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

  • concluding that factual determinations regarding the one-year bar and the existence of changed or extraordinary circumstances “simply do[ ] not fit” in the “question of law category”
  • holding that jurisdiction over questions of law does not extend to changed‐ circumstances determination
  • holding that even in light of the REAL ID Act of 2005, these “factual determinations continue to fall outside the jurisdiction of the court of appeals entertaining a petition for review”
  • holding that the BIA's determination that an alien did not file his asylum claim within one year and did not qualify for an extension of time was an unreviewable question of fact and exercise of discretion
  • interpreting 8 U.S.C. § 1158(a)(2)(D) and noting that \[p]ermissive language that refers to demonstrating something to the agency's `satisfaction' is inherently discretionary\
  • interpreting 8 U.S.C. § 1158(a)(2)(D) and noting that “[pjermis-sive language that refers to demonstrating something to the agency’s ‘satisfaction’ is inherently discretionary”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ripple, Rovner, Wood

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.