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· 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 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.