DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041115P.pdf 08/12/2005 Abdellah Grass v. John Ashcroft
U.S. Court of Appeals Case No: 04-1115
Agency
[PUBLISHED] [Loken, Author, with M. Arnold and Murphy, Circuit
Judges]
Petition for Review - Immigration. Section 106 of the REAL ID Act
reflects a congressional intent to preserve the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996's broad efforts to streamline
immigration proceedings and to expedite removal while restoring judicial
review of constitutional and legal issues, and those purposes are served
by holding that Sec. 1252(a)(2)(D) grants no jurisdiction to review an
Immigration Judge's purely discretionary decision to deny a continuance
of a removal hearing, unless that ruling results in such procedural
unfairness as to implicate due process; here, the denial did not implicate
due process considerations, and the court had no jurisdiction to review
the decision.