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· 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 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.