Skip to main content
· 8/17/2023

ERIC KILLING v. STATE OF FLORIDA

How courts have described this case

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

  • holding that habeas was the only cause of action available to challenge deportation under immigration stat- utes that “preclud[ed] judicial intervention” beyond what was necessary to vindicate due process rights
  • holding that habeas was the only cause of action available to chal- lenge deportation under immigration statutes that “pre- clud[ed] judicial intervention” beyond what was necessary to vindicate due process rights
  • explaining that limitations on judi- cial review of deportation must be followed “despite [their] apparent inconvenience to the alien”
  • noting that a statute that eliminated judicial review over immigration proceedings to the maximum extent permissible under the Constitution did not eliminate habeas corpus
  • discussing that the constitutional ambit of habeas review has always entailed extensive deference to administrative factfinding, subject to \the enforcement of due process requirements\
  • acknowledging that congressional efforts to restrict judicial review of aliens' deportation orders had been successful, but recognizing at the same time the continued viability of habeas corpus review

Source: CourtListener parenthetical corpus (CC0).

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.