WANG v. ASHCROFT, 00-60291
While an agency may act upon its own motion, a party that seeks to challenge on appeal the failure of an agency to act sua sponte must sufficiently raise the issue in the first instance, or the appellate court lacks jurisdiction to review the order.
- Decided 07/31/2001
- Published 07/31/2001
- BENAVIDES, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and BENAVIDES, Circuit Judges.
- United States Fifth Circuit
- For Appellant:
- Brian K. Bates (argued), Quan, Burdette & Perez, Houston, TX, for Petitioner.
- For Appellees:
- Shelley R. Goad, Thomas Ward Hussey, Director, John S. Hogan (argued), U.S. Dept. of Justice, Civil Division, Immigration Litigation, Washington, DC, Christine G. Davis, Immigration and Naturalization Service, Attn: Joe A. Aguilar, New Orleans, LA, Richard Cravener, District Director, Immigration & Naturalization, Houston, TX, for Respondent.