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· 2/21/2003

Carlos Gustavo De La Teja v. United States of America, John Ashcroft, Attorney General

Citations

  • 321 F.3d 1357
  • 2003 U.S. App. LEXIS 3230
  • 2003 WL 367927

How courts have described this case

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

  • holding that entry of final removal order rendered due process challenge to § 1226(c) detention moot
  • discussing applicability of Section 1231 in case where petitioner had not appealed his removal order to the court of appeals
  • vacating, without reference to the public interest, portion of district court order addressing alien’s Due Process Clause claim when intervening BIA order mooted appeal
  • “Because the Attorney General no longer is acting pursuant to § 1226[], it is unnecessary and altogether inappropriate for us to take up the question addressed by the district court.”
  • “[W]hen an issue in a case becomes moot on appeal, the court not only must dismiss as to the mooted issue, but also vacate the portion of the district court’s order that addresses it.”
  • “Because a final removal order has been entered, De La Teja is no longer being detained pursuant to § 1226(c), which governs only detention prior to a final removal order. Instead, he is being detained now pursuant to a wholly different statute … 8 U.S.C. § 1231 (a

Source: CourtListener parenthetical corpus (CC0).

Judges: Black, Marcus, Middlebrooks

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.