Immigration and Naturalization Service v. Doherty

Immigration and Naturalization Service v. Doherty, 502 U.S. 314 (1992), was a United States Supreme Court case which confirmed that the Attorney General of the United States has broad discretion to reopen deportation (now called "removal") proceedings, as well as other adjudications heard before immigration courts.

Doherty was tried for murder in Northern Ireland, but escaped from the maximum security prison where he was being held during the trial.

Ultimately, Attorney General Edwin Meese reversed the BIA and ordered Doherty deported to the United Kingdom.

It also ruled that following INS v. Abudu, 485 U.S. 94 (1988), the Attorney General lacked discretion to deny reopening once an alien had established a prima facie case for withholding of deportation.

Third, he concluded that Doherty was ineligible for withholding of deportation and for asylum because he had committed "serious nonpolitical crimes" in Northern Ireland.

A majority of the Court concluded that Thornburgh had not abused his discretion in denying Doherty's motion for any one of the three reasons he gave.