Opinion · Court of Appeals for the First Circuit

Albathani v. INS

Albathani v. INS, 318 F.3d 365 (1st Cir. 2003)

Type
Opinion
Court
Court of Appeals for the First Circuit
Jurisdiction
Federal
Date
2003-02-12
Topic
general

How later courts describe this case

  • holding that the BIA’s “affirmance without opinion” procedure does not violate due process
  • holding that, so long as a rational basis was set forth in some stage of agency proceedings, the BIA may affirm IJ decisions without an opinion
  • stating that an unadmitted alien present in the United States has only "limited" due process rights
  • noting that Chenery only requires the relevant agency, here the INS, to give reasons for its decisions, which may issue from either the BIA or an IJ
  • noting that “[t]he summary affirmance scheme does create ... problems [for review], but they do not render the scheme a violation of due process or render judicial review impossible”
  • suggesting that summary affirmance by the BIA does not “establish that the required review is not taking place”
  • “[I]f the BIA does not independently state a correct ground for affirmance in a case in which the reasoning proffered by the IJ is faulty, the BIA risks reversal on appeal.”
  • the two alleged incidents of persecution “may well have been, as the IJ suggested, nothing more than the robbery of someone driving a Mercedes with cash in his pocket”

Citator

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Cited by
204 opinions
          United States Court of Appeals
                      For the First Circuit


No. 02-1541

                     MARWAN YOUSSEF ALBATHANI,

                            Petitioner,

                                v.

              IMMIGRATION AND NATURALIZATION SERVICE,

                            Respondent.


                           ERRATA SHEET

     The opinion of this Court issued on February 6, 2003 is
amended as follows:

     Replace the first sentence of the last paragraph on page 26,
ending on page 27, line 1, with the following:

     In fact, based on our review, the record of the hearing
itself could not be reviewed in ten minutes.