United States Tenth Circuit

Section 242(g) of the Immigration and Nationality Act does not preclude judicial review of aliens' constitutional claims regarding their motions to reopen deportation or asylum hearings after they have married US citizens under 8 CFR 3.2(c)(3)(iii).

Appellate Information

• Decided 03/07/2001
• Published 03/08/2001

Judges

• TACHA, Chief Judge., Before TACHA, Chief Judge, McWILLIAMS and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Todd A. Utzinger (Hakeem Ishola, on the brief), Ishola, Utzinger & Perretta, Salt Lake City, Utah, appearing for Appellants.


• For Appellees:
  
• Francis W. Fraser, Attorney (John J. Andre, Senior Litigation Counsel, with him on the brief), Office of Immigration Litigation, United States Department of Justice, Washington, DC, appearing for Appellees.