Wednesday, December 26, 2012

Ninth Circuit -- LAURA ARTEAGA-DE ALVAREZ V. ERIC H. HOLDER JR.


Inconsistency with a prior immigration adjudication does not present a Due Process claim sufficient for jurisdiction.  Jurisdiction is proper only for errors of law.

No Chevron deference to agency finding, as the principle is not in any published adjudication.

Alternative means of immigration is not a categorical bar to hardship defense.

Concur/Dissent - No jurisdiction over the claimed error of law, as it's actually a factual holding.


LAURA ARTEAGA-DE ALVAREZ V. ERIC H. HOLDER JR.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.