· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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