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