United States Fifth Circuit

In the context of immigration law and waivers of removal, general standards articulated by the Attorney General for the exercise of discretion should be rational and connected to the statutory scheme. A petition for review of a denial and dismissal of petitioner's habeas corpus petition for lack of jurisdiction is denied where, although there was jurisdiction to consider petitioner's claim, the attorney general's decision denying her waiver of removal was not ultra vires.

Appellate Information

• Decided 06/09/2006
• Published 06/12/2006

Judges

• BENAVIDES, Circuit Judge:, Before KING, SMITH and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Matthew L. Guadagno (argued), Bretz & Coven, New York City, for Jean.


• For Appellees:
  
• Anthony P. Nicastro (argued), Civ. Div. Imm. Lit., David V. Bernal, U.S. Dept. of Justice, OIL, Washington, DC, for Respondents-Appellees.