Is a discretionary denial of voluntary departure an abuse of discretion?
MultiRegion, United States of America
The following excerpt is from Lagua v. I.N.S., 82 F.3d 423 (9th Cir. 1996):
We review a discretionary denial of voluntary departure for abuse of discretion. Abedini v. INS, 971 F.2d 188, 191 (9th Cir.1992). This court "may examine only whether the [administrative agency] actually exercised its discretion and whether it did so in an arbitrary and capricious manner." Id. at 193.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for denial of a motion for a discretionary sentence reduction for abuse of discretion? (MultiRegion, United States of America)
In what circumstances will the Court consider an abuse of discretion finding that the Attorney General abused his discretion by asking a confederate to have the Graham family assaulted? (MultiRegion, United States of America)
What is the test for abuse of discretion in denying a motion to reopen a grant of voluntary departure? (MultiRegion, United States of America)
Is a district court's denial of consideration of the merits of a petition on the grounds that it is abusive and successive reviewed for abuse of discretion? (MultiRegion, United States of America)
What are the implications of a finding of "abuse of discretion" in a finding that a judge abused discretion? (MultiRegion, United States of America)
What is the standard of review for a denial of a discretionary sentence for abuse of discretion? (MultiRegion, United States of America)
What are the implications of a denial of a Rule 59(e) motion for abuse of discretion? (MultiRegion, United States of America)
Does a denial of a motion to appoint counsel for abuse of discretion apply to the motion itself? (MultiRegion, United States of America)
What are the implications of a denial of a Rule 60(b) motion for abuse of discretion? (MultiRegion, United States of America)
What is the effect of a denial of a withdrawal motion and a continuance for abuse of discretion? (MultiRegion, United States of America)
