Immigration and Naturalization Service v. Abudu
| Immigration and Naturalization Service v. Abudu | |
|---|---|
| Argued December 1, 1987 Decided March 1, 1988 | |
| Full case name | Immigration and Naturalization Service, Petitioner v. Assibi Abudu |
| Citations | 485 U.S. 94 (more) 108 S. Ct. 904; 99 L. Ed. 2d 90; 1988 U.S. LEXIS 1066; 56 U.S.L.W. 4195 |
| Case history | |
| Prior | Denial of motion to reopen deportation proceedings affirmed by Board of Immigration Appeals. Judgment reversed by Ninth Circuit, 802 F.2d 1096 (9th Cir. 1986). Cert. granted, 480 U.S. 937 (1987). |
| Holding | |
| Federal courts of appeals must review denials of motions to reopen immigration proceedings for abuse of discretion. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Stevens, joined by unanimous |
| Kennedy took no part in the consideration or decision of the case. | |
| Laws applied | |
| 8 C.F.R. § 208.11 | |
Immigration and Naturalization Service v. Abudu, 485 U.S. 94 (1988), was a United States Supreme Court case in which the Court shifted the balance toward adjudications made by the INS and away from those made by the federal courts of appeals when aliens who had been ordered deported seek to present new evidence in order to avoid deportation. The Court ruled that courts must review the Board of Immigration Appeals's decision to deny motions to reopen immigration proceedings—the name of the procedural device used to present new evidence to immigration officials—for abuse of discretion.