· 7/25/2008
Casas-Castrillon v. Department of Homeland Security
Citations
- 535 F.3d 942
- 2008 U.S. App. LEXIS 15966
- 2008 WL 2902026
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Government’s authority to detain a noncitizen under Subsection C ends “upon the dismissal of the alien’s appeal by the BIA”
- holding that 2 “§ 1226(a) must be construed as requiring the Attorney General to provide the [noncitizen] 3 with such a hearing”
- holding that, once the BIA issues a 20 final removal order and the petitioner seeks judicial review of the removal, detention authority 21 shifts from § 1226(c) to § 1226(a)
- holding that a non-citizen petitioner held 12 in custody pursuant to removal proceedings may “bring collateral legal challenges to the 13 Attorney General’s detention authority . . . through a petition for habeas corpus”
- noting that the lack of a repatriation agreement or an administrative finding that the alien is entitled to relief from removal are relevant
- holding 23 that “§ 1226(a) must be construed as requiring the Attorney General to provide the 24 [noncitizen] with such a hearing”
Source: CourtListener parenthetical corpus (CC0).
Judges: Farris, Fisher, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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