Is there to be an appeal of a discretionary decision by the Attorney General under the Immigration and Nationality Act?

MultiRegion, United States of America

The following excerpt is from Rojas v. Immigration & Naturalization Serv., 244 F.3d 1191 (9th Cir. 2001):

IIRIRA 309(c)(4)(E) provides "there shall be no appeal of any discretionary decision under section 212(c), 212(h), 212(i), 244, or 245 of the Immigration and Nationality Act (as in effect as of the date of the enactment of this Act)." Citing 309(c)(4)(E), in Kalaw v. INS, we dismissed for lack of jurisdiction a petition for review of a discretionary decision by the BIA denying suspension of deportation under INA 244. 133 F.3d 1147, 1150-52 (9th Cir. 1997) ("(the plain language of IIRIRA precludes our direct review of the Attorney General's discretionary decisions").

Other Questions


Does the Court have jurisdiction to review the discretionary decision of the Attorney General's discretionary decision not to grant a temporary suspension of deportation? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
Can an attorney who provides general immigration advice to an undocumented immigrant be charged with a criminal offence under Section IV of the Immigration Code? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
What is the difference between a Federal BIA decision and an immigration judge's decision that discretionary relief is unwarranted? (MultiRegion, United States of America)
What is the applicable time limit for appealing an immigration judge's decision to grant an appeal? (MultiRegion, United States of America)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
Is Attorney-General for Canada Attorney General for Canada legal? (Canada (Federal), Canada)
Does Attorney-General for Canada have to be Attorney General for Canada? (Canada (Federal), Canada)
What is the reasonableness analysis for a decision of the Appeals Officer in a motion to appeal against a motion of appeal? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.