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· 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 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.