· 6/14/2006
Enrique Colin Ballesteros v. John Ashcroft
Citations
- 452 F.3d 1153
- 2006 U.S. App. LEXIS 14541
- 2006 WL 1633739
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the remedy for illegal arrest lies in a Bivens action and not within habeas relief.
- “Consequently, unless another subparagraph of § 1252 precludes our review of Mr. Ballesteros’ claims that raise either constitutional or legal questions, we also have jurisdiction to review those claims.”
- “This regulation gives the immigration judge complete discretion, even to the extent that the immigration judge may still deny the [] change of venue motion when good cause is present.”
- “In civil cases, the question of whether . . . to dismiss or transfer an action filed in an improper venue is within the district court’s sound discretion and reviewed for abuse of discretion only.” (internal quotation marks omitted)
- discussing review of legal and constitutional claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Henry, McKAY, Tymkovich
Read full opinion on CourtListenerSourced 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.