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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

Read full opinion on CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

Other cases named Ernesto Galarza v. Mark Szalczyk

2 other CourtListener records share this case name.

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.