holding “[a]lthough the immigration judge is not authorized to consider the constitutionality of the statute, this court can hear that challenge upon completion of the administrative proceedings” and dismissing alien’s complaint alleging irreparable selective enforcement in retaliation for an exercise of First Amendment rights
How later courts described this case
- holding “[a]lthough the immigration judge is not authorized to consider the constitutionality of the statute, this court can hear that challenge upon completion of the administrative proceedings” and dismissing alien’s complaint alleging irreparable selective enforcement in retaliation for an exercise of First Amendment rights
- holding "[ajlthough the immigration judge is not authorized to consider the constitutionality of the statute, this court can hear that challenge upon completion of the administrative proceedings” and dismissing alien’s complaint alleging irreparable selective enforcement in retaliation for an exercise of First Amendment rights
- holding that “[although the immigration judge is not authorized to consider the constitutionality of the statute, this court can hear that challenge upon completion of the administrative proceedings” in case asserting retaliatory selective enforcement for exercise of First Amendment rights
- dismissing alien's complaint alleging irreparable selective enforcement in retaliation for an exercise of First Amendment rights, noting that alien had failed to exhaust his administrative remedies, and that "[a]lthough the immigration judge is not authorized to consider the constitutionality of the statute, this court can hear the challenge upon completion of the administrative proceedings under INS v. Chadha "
Written by the judges who cited it.
Distinguished
Distinguished by Duvall v. Elwood, 336 F.3d 228 (2003)
In a F.R.A.P. 28(j) letter sent subsequent to oral argument, Duvall contends thatMassieu is distinguishable.
The opinion
SUR PETITION FOR REHEARING
Sept. 26, 1996
The petition for rehearing filed by appellee in the above-entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing, the petition for rehearing by the panel and the Court in banc, is denied.