· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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