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.
Facts
John Patrick Doherty is a citizen of Northern Ireland, Ireland, and the United Kingdom. In May 1980, Doherty and fellow members of the Irish Republican Army ambushed a car containing members of the British army, killing one of them. Doherty was tried for murder in Northern Ireland, but escaped from the maximum security prison where he was being held during the trial. He was convicted in absentia and sentenced to life in prison. After escaping from prison, however, Doherty entered the United States illegally in 1982.