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· 7/27/1992

Teresa De Jesus Castillo-Villagra v. Immigration and Naturalization Service

Citations

  • 972 F.2d 1017
  • 92 Daily Journal DAR 10369
  • 92 Cal. Daily Op. Serv. 6501
  • 1992 U.S. App. LEXIS 16814

How courts have described this case

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

  • holding that fact that Sandinistas were ousted from power in Nicaragua was debatable because Sandinistas retained power over police and military
  • holding that APA was supplanted by statute that stated “the procedure so prescribed shall be the sole and exclusive procedure for determining the deportability of an alien under this section” (internal quotation marks omitted)
  • holding that prudential exhaustion does not bar review when “[t]he effect of requiring a motion to reopen as a condition of exhaustion may amount ... to denial of any hearing”
  • holding that under “a rule of convenience,” the IJ should take administrative notice when he “knows of information that will be useful in making the decision.”
  • holding that the BIA violated the 5 Fifth Amendment’s due process clause “in taking notice of the change of government without 6 providing the petitioners an opportunity to rebut the noticed facts”
  • holding that motion to reopen process is not adequate to satisfy due process

Source: CourtListener parenthetical corpus (CC0).

Judges: Choy, Norris, Kleinfeld

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.