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· 3/27/2008

Cesar v. Achim

Citations

  • 542 F. Supp. 2d 897
  • 2008 U.S. Dist. LEXIS 26896
  • 2008 WL 829486

How courts have described this case

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

  • holding that “it is not an unconstitutional condition on [detainee’s] right to appeal” if government prolongs detention when detainee appeals removal proceeding “because detention during removal proceedings and the removal period is constitutionally permissible”
  • noting that within the six-month period, the detainee must prove the unreasonableness of detention, which is a “heavier” burden than applies “after six months [have] elapsed”
  • “[T]he presumption scheme merely 20 suggests that the burden the detainee must carry within the first six months . . . is a heavier 21 one than after six months has elapsed.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynn Adelman

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.