Circuit split · immigration law
Whether a motion to reopen is a new proceeding or a continuation of the original deportation proceedings
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Mejia Rodriguez v. Reno178 F3D 1139
Eleventh Circuit Court of Appeals · June 22, 1999
“A split in the circuits exists over whether a motion to reopen is a new proceeding or a continuation of the deportation proceedings.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
8 U.S.C. § 1252 — Judicial review of orders of removal
“(a) Applicable provisions (1) General orders of removal Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to section 1225(b)(1) of this title ) is governed only by chapter 158 of title 28, except as provided in subsection (b) and except that the court may not order the taking of additional evidence under section 2347(c) of such title. (2) Matters not subject to judicial review (A) Review relating to section 1225(b)(1) Notwithstanding any other provision of law (statutory or nonstatutory), …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 5th Cir.Lerma de Garcia v. INS141 F.3d 215
- On the other side · 9th Cir.Sarmadi v. INS121 F.3d 1319
- On the other side · 7th Cir.Chow v. INS113 F.3d 659
- On the other side · 1st Cir.Wright v. Ouellette171 F.3d 8
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.