Skip to main content
· 10/11/1977

Atchison v. South Carolina

Citations

  • 434 U.S. 894
  • 98 S. Ct. 273

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that reinstated removal orders are administratively final for detention purposes because withholding-only proceedings do not “diminish or otherwise affect” the finality of removal orders, and thus § 1226 is not implicated
  • holding that § 1231(a) governs
  • “[Withholding- only] proceedings are an exception to the general prohibition against seeking relief from removal pursuant to a reinstated order.”
  • “declin[ing] to create a circuit split unless there is a compelling reason to do so”
  • “declin[ing] to create a circuit split unless there is a compelling reason to do so”
  • “Withholding-only proceedings do not, however, purport to override section 1231(a)(5)’s prohibition on reopening or reviewing a prior removal order.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.