· 6/20/1994
Carlos Galaviz-Medina v. Tom Wooten, Warden, Fci, Florence, Co, and U.S. Immigration Review Board of Appeals
Citations
- 27 F.3d 487
- 1994 U.S. App. LEXIS 15179
- 1994 WL 268116
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a detainer usually only serves as a notice to prison authorities that the INS is 2 going to be making a decision about the deportability of the alien in the future
- evaluating petition brought under 28 U.S.C. § 2241 in light of the judicial review framework established by INA § 106(a)
- evaluating petition brought under 28 U.S.C. § 2241 in light of the judicial review framework established by INA § 106(a)
- noting almost all circuit courts considering the issue have determined lodging a detainer, without more, is insufficient to render an immigrant in custody
- Circuit Courts of Appeal have exclusive jurisdiction over judicial review of all final actions of deportation
- “[A]n alien whose liberty is restricted pursuant to an order emanating from the INS is ‘in custody’ for purposes of satisfying the prerequisites of habeas review.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Logan, Seth, Kelly
Read full opinion on CourtListenerSourced 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.