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United States Court of Appeals for the Ninth Circuit: Kamalthas V. Immigration and Naturalization Service (INS)*

Published online by Cambridge University Press:  18 May 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 41 , Issue 1 , January 2002 , pp. 144 - 148
Copyright
Copyright © American Society of International Law 2002

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Footnotes

*

251 F.3d 1279 (2001).

References

Endnotes

1 The Honorable Samuel P. King, Senior United States District Judge for the District of Hawaii, sitting by designation.

2 Technically, § 2242(d) only provides for judicial review of claims raised under the Convention “as part of a final order of removal“ under 8 U.S.C. § 1252. This language is reiterated in 8 C.F.R. § 208.18(e). However, inKhourassany, the INS represented (and we agreed) that the denial of a motion to reopen to consider a claim based on the Convention constitutes a “final removal order” and is “thus separately subject to judicial review under the Foreign Affairs Reform Act and its implementing regulations.”Khourassany, 208 F.3d at 1100.

3 These regulations state that“[t]he decision to grant or deny a motion to reopen or reconsider is within the discretion of the Board, subject to the restrictions of this section. The Board has discretion to deny a motion to reopen even if the party moving has made out a pronefacie case for relief.” 8 C.F.R. § 3.2(a) (2000).