· 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).
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.