· 1/3/2006
Luis A. Higuit v. Alberto R. Gonzales, Attorney General
Citations
- 433 F.3d 417
- 2006 U.S. App. LEXIS 17
- 2006 WL 9606
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that alien’s subjective intent is irrelevant and that persecutor bar applies if the objective effect of alien’s actions is to further persecution, even if in some “small measure”
- finding that the court lacked jurisdiction to review the Immigration Judge’s denial of an application for adjustment of status
- finding that “there can be no dispute over Higuit’s personal culpability in this case”
- dismissing petition for review of an IJ’s “adjustment of status determination” because it “was an equitable determination based on factual findings rather than a question of law”
- finding no jurisdiction to review Board’s discretionary denial of adjustment of status where petitioner failed to raise constitutional claim or question of law
- “We are not free to convert every immigration case into a question of law, and thereby undermine Congress’s decision to grant limited jurisdiction over matters committed in the first instance to the sound discretion of the Executive.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Widener, Wilkinson, Traxler
Read full opinion on CourtListenerSourced 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.