Immigration and Naturalization Service v. Doherty
| INS v. Doherty | |
|---|---|
 | |
| Argued October 16, 1991 Decided January 15, 1992 | |
| Full case name | Immigration and Naturalization Service v. Joseph Patrick Doherty |
| Citations | 502 U.S. 314 (more) |
| Case history | |
| Prior | Deportee's deportation was suspended, and the INS appealed for a determination by the Attorney General of the United States, who ordered deportation. Meanwhile, deportee sought to reopen deportation proceedings, and permission was granted, but the INS appealed this permission to the Attorney General as well. The Attorney General personally denied the motion to reopen. The Second Circuit affirmed the order of deportation but reversed the denial of the of the motion to reopen, 908 F.2d 1108 (2d Cir. 1990). Cert. granted, 498 U.S. 1081 (1991). |
| Holding | |
| The Attorney General has broad discretion to regulate the reopening of adjudicative proceedings before the immigration department. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by White, Blackmun, O'Connor, Kennedy |
| Concur/dissent | Scalia, joined by Stevens, Souter |
| Thomas took no part in the consideration or decision of the case. | |
| Laws applied | |
| 8 C.F.R. § 3.2 | |
INS v. Doherty, 502 U.S. 314 (1992), confirmed finally that the Attorney General of the United States has broad discretion to reopen deportation (now called "removal") proceedings, as well as other adjudications heard before immigration courts.