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Giova v. Rosenberg

U.S.
Oct 26, 1964
379 U.S. 18 (1964)

Summary

holding that the BIA's denial of a motion to reopen a deportation proceeding is a judicially reviewable final order

Summary of this case from Baez v. Immigration & Naturalization Service

Opinion

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.

No. 23.

Decided October 26, 1964.

Judgment reversed and case remanded with directions to entertain the petition for review.

Reported below: 308 F.2d 347.

Fred Okrand for petitioner.

Solicitor General Cox, Assistant Attorney General Miller and Philip R. Monahan for respondent.


Upon consideration of the submission of the United States that the judgment of the Court of Appeals should be reversed and the cause remanded with directions to entertain the petition for review, and upon examination of the entire record, the judgment is reversed and the case is remanded to the Court of Appeals with directions to entertain the petition for review.


Summaries of

Giova v. Rosenberg

U.S.
Oct 26, 1964
379 U.S. 18 (1964)

holding that the BIA's denial of a motion to reopen a deportation proceeding is a judicially reviewable final order

Summary of this case from Baez v. Immigration & Naturalization Service

reversing the Ninth Circuit's decision that it lacked jurisdiction to review a denial of a motion to reopen and remanding with instructions to review the petition

Summary of this case from Shabo v. Sessions

reversing contrary decision at 308 F.2d 347 (9th Cir. 1962)

Summary of this case from Dabone v. Karn

In Giova v. Rosenberg, 379 U.S. 18, this Court held only that denial of a petition to reopen or reconsider is reviewable.

Summary of this case from Woodby v. Immigration Service

In Giova v. Rosenberg, 379 U.S. 18, 85 S.Ct. 156, 13 L.Ed.2d 90 (1964), the Court had held that denial of a motion to reopen is reviewable as a "final order of deportation."

Summary of this case from Perkovic v. I.N.S

In Giova v. Rosenberg, 379 U.S. 18, 85 S.Ct. 156, 13 L.Ed.2d 90 (1964) (per curiam), the Court held that the BIA's denial of a request to reopen section 242(b) proceedings was appealable under section 106(a).

Summary of this case from Olaniyan v. District Director, I.N.S

In Giova v. Rosenberg, 379 U.S. 18, 85 S.Ct. 156, 13 L.Ed.2d 90 (1964) (per curiam) the Supreme Court reversed and remanded a case to the Ninth Circuit Court of Appeals directing that they consider a petition for review from a denial of a motion to reopen.

Summary of this case from Shoja v. Immigration Naturalization Service

In Giova v. Rosenberg, 379 U.S. 18, 85 S.Ct. 156, 13 L.Ed.2d 90 (1964) (per curiam), Foti was extended to motions to reopen deportation hearings.

Summary of this case from Chadha v. Immigration Naturalization Service

In Giova v. Rosenberg, 379 U.S. 18, 85 S.Ct. 156, 13 L.Ed.2d 90 (1964), the petitioner appealed to the Court of Appeals for the Ninth Circuit from the denial of his motion to reopen his deportation proceedings.

Summary of this case from Sbeih v. Executive Office of Immigration Review

In Giova v. Rosenburg, 379 U.S. 18, 85 S.Ct. 156, 13 L.Ed.2d 90 (1964), the Court indicated that the exclusive jurisdiction of the courts of appeal also encompassed all denials of motions to reopen deportation proceedings.

Summary of this case from Salehi v. District Director, I.N.S.
Case details for

Giova v. Rosenberg

Case Details

Full title:GIOVA v . ROSENBERG, DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION…

Court:U.S.

Date published: Oct 26, 1964

Citations

379 U.S. 18 (1964)
85 S. Ct. 156

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