United States Ninth Circuit
Fernandez v. Gonzales, 02-72733
The jurisdictional bar in 8 U.S.C. section 1252(a)(2)(B)(i) permits the exercise of jurisdiction in cases in which the Board of Immigration Appeals rules that a motion to reopen fails to satisfy procedural standards, but bars jurisdiction where the question presented is essentially the same discretionary issue originally decided.
Appellate Information
- Decided 03/02/2006
- Published 03/02/2006
Judges
- BERZON, Circuit Judge., Before B. FLETCHER, JOHN R. GIBSON, and MARSHA S. BERZON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Jonathan Sanders, Simpson Thacher & Bartlett LLP, Palo Alto, CA, for the petitioners.
- For Appellees:
- Shelley R. Goad, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.