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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.
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