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· 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 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.