Skip to main content
· 4/23/2001

J. Jesus Torres-Aguilar v. Immigration and Naturalization Service

Citations

  • 246 F.3d 1267
  • 2001 Daily Journal DAR 3925
  • 2001 Cal. Daily Op. Serv. 3155
  • 2001 U.S. App. LEXIS 7368

How courts have described this case

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

  • holding that “an abuse of discretion argument” does not “create the jurisdiction that Congress chose to remove”
  • explaining that, to invoke our jurisdiction, a petitioner must allege a constitutional v olation that is at least colorable
  • explaining that the court is “no longer empowered to conduct an ‘abuse of discretion’ review of the agency’s purely discretionary determinations as to whether ‘extreme hardship’ exists.”
  • finding that a claim must have “some possible validity” to trigger jurisdiction
  • preventing the petitioner from establishing jurisdiction by cloaking arguments in constitutional garb
  • “[PJetitioner must allege at least a colorable constitutional violation.... To be colorable ... the alleged violation need not be substantial, but the claim must have some possible validity.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Thomas, Law

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.