NAGAHI v. I.N.S.

No. 98-4191.

219 F.3d 1166 (2000)

Gholamreza NAGAHI, Plaintiff-Appellant, v. IMMIGRATION & NATURALIZATION SERVICE, District Director; Meryl E. Rogers, Officer in Charge, Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 14, 2000.


Attorney(s) appearing for the Case

Sandra P. Saltrese-Miller, Boulder, Colorado, for Plaintiff-Appellant.

Michelle R. Slack (and David W. Ogden, Acting Assistant Attorney General and Richard M. Evans, Assistant Director, with her on the briefs), U.S. Department of Justice, Civil Division, Washington, D.C., for Defendants-Appellees.

Before KELLY and PORFILIO, Circuit Judges and ALLEY, District Judge.


PAUL KELLY, JR., Circuit Judge.

This case requires us to determine whether an administrative agency can create a limitations period affecting the ability of an Article III court to review agency action, absent an express delegation of congressional authority. We hold that it cannot, reverse, and remand the case for further proceedings on the merits.

Background

Mr. Gholamreza Nagahi, a non-citizen resident, was arrested on April 29, 1985 in...

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