· 8/20/2002
United States v. Coperquin Gonzalez-Roque, Also Known as Manuel Ledesma
Citations
- 301 F.3d 39
- 2002 U.S. App. LEXIS 16704
- 2002 WL 1902600
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[petitioner] could have requested that the BIA consider the [I-130] petition in determining whether he was eligible for an adjustment of status,” which suggests that an 1-485 application filed before the BIA would be timely
- explaining that an IJ abuses its 6 discretion when its decision is “made without a rational explanation, inexplicably 7 depart[s] from established policies, or rest[s] on an impermissible basis” (internal 8 quotation marks omitted)
- “Notwithstanding IIRIRA’s preclusion of direct appeals, however, habeas review of BIA decisions remains available under 28 U.S.C. § 2241.”
- rejecting a claim on the merits and also holding the claim was unexhausted
- rejecting a claim on the merits and also holding the claim was unexhausted
- reversing district court’s dismissal of illegal reentry charge based on defendant’s collateral attack of deportation proceedings where immigration judge did not allow, after several adjournments, additional time for alien to seek adjustment of his status
Source: CourtListener parenthetical corpus (CC0).
Judges: McLaughlin, Calabresi, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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