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INS v. DOHERTY

No. 90-925.

502 U.S. 314 (1992)

112 S.Ct. 719

116 L.Ed.2d 823

IMMIGRATION AND NATURALIZATION SERVICE v. DOHERTY

Supreme Court of United States.

Decided January 15, 1992.

Attorney(s) appearing for the Case

Deputy Solicitor General Mahoney argued the cause for petitioner. On the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Roberts, Edwin S. Kneedler, Barbara L. Herwig, and John C. Hoyle.

Mary Boresz Pike argued the cause for respondent. With her on the brief was Arthur C. Helton.*

Rehnquist, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Part I, in which White, Blackmun, O'Connor, and Kennedy, JJ., joined, an opinion with respect to Part II, in which White, Blackmun, and O'Connor, JJ., joined, and an opinion with respect to Part III, in which Kennedy, J., joined. Scalia, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Stevens and Souter, JJ., joined, p. 329. Thomas, J., took no part in the consideration or decision of the case.

Chief Justice Rehnquist announced the judgment of the Court and delivered the opinion of the Court with respect to Part I, an opinion with respect to Part II, in which Justice White, Justice Blackmun, and Justice O'Connor join, and an opinion with respect to Part III, in which Justice Kennedy joins.

Respondent, Joseph Patrick Doherty, entered this country illegally in 1982. After more than eight years of proceedings concerning Doherty's status in the United States...

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