· 5/27/1994
Porfirio Romero-Morales v. Immigration and Naturalization Service
Citations
- 25 F.3d 125
- 1994 U.S. App. LEXIS 12495
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Immigration Judge and the Board are required to “‘consider the record as a whole [and] issue a reasoned opin- ion’ when considering a motion” (quoting Anderson v. McElroy, 953 F.2d 803, 806 (2d Cir. 1992)
- finding that the statute and regulations afforded considerable room for the exercise of discretion consistent with equitable and humanitarian concerns
- stating that rules regarding in absentia hear- ings should be carefully applied to avoid conflict with statutory or constitu- tional rights
- finding that an Immigration Judge was not precluded from considering a pending change of venue motion in a case where counsel appeared at the scheduled deportation hearing on the alien’s behalf
- finding “disquieting” the Immigration Judge’s “failure to examine the particulars of the case before him”
- identifying the alien’s good faith reliance on counsel and the availability of relatives to testify on his behalf as factors that could contribute to a finding that extraordinary circumstances exist
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Miner, Knapp
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.