Third Circuit· 3/4/2014
Ernesto Galarza v. Mark Szalczyk
Citations
- 745 F.3d 634
- 2014 WL 815127
- 2014 U.S. App. LEXIS 4000
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[a]ll Courts of Appeals to have commented on the character of ICE detainers refer to them as ‘requests’ or as part of an ‘informal procedure’”
- holding in 2-1 decision that “detainers are not mandatory,” but must be considered “requests”
- construing 8 CFR section 287.7(d) as merely a request, and noting potential constitutional and statutory infirmities if interpreted as mandatory
- involving a U.S. citizen arrested on unrelated state criminal charges but held after posting bail pursuant to an immigration detainer
- involving a U.S. citizen arrested on unrelated state criminal charges but held after posting bail pursuant to an immigration detainer
- reviewing the INA and ICE’s position on detainers to conclude that “detainers are not mandatory”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuentes, Cowen, Barry
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