Opinion

Immigration & Naturalization Service v. Hector

  • 479 U.S. 85
  • 55 U.S.L.W. 3351
  • 107 S. Ct. 379
  • 93 L. Ed. 2d 326
  • 1986 U.S. LEXIS 19
Court
Supreme Court of the United States
Filed
Nov 17, 1986
Status
Published
Author
Marshall
On the bench
Marshall, Brennan
Cited by
47 cases
Authority
More cited than 24.2%

stating that the Board does not need to consider hardship to third parties other than the qualifying relatives delineated in the Act for purposes of deciding whether an alien is entitled to relief

How later courts described this case

  • stating that the Board does not need to consider hardship to third parties other than the qualifying relatives delineated in the Act for purposes of deciding whether an alien is entitled to relief
  • stating that, although “Congress has shown its willingness to redefine the term 18 ‘child’ on a number of occasions,” it has not “authorized [courts] to adopt a functional 19 definition”
  • noting that Congress amended the INA to overrule INS v. Phinpathya, 464 U.S. 183, 104 S.Ct. 584, 78 L.Ed.2d 401 (1984), which had reached a seemingly harsh result regarding the "continuity of physical presence” requirement dictated by Congress’s plain language
  • determining that the Congressional definition for a child in immigration cases is “unusually detailed and unyielding”

Written by the judges who cited it.

The opinion

Justice Marshall

dissents from this summary disposition, which has been ordered without affording the parties prior notice or an opportunity to file briefs on the merits. See, e. g., Acosta v. Louisiana Dept. of Health and Human Resources, 478 U. S. 251 (1986) (Marshall, J., dissenting).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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