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Second Circuit· 5/16/2018

Hechavarria v. Sessions

Citations

  • 891 F.3d 49

How courts have described this case

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

  • holding that Section 1226 governs when an individual “has been granted a stay of removal while his petition for review is pending”
  • holding that Section 1226 governs detention of aliens whose removal has been stayed on appeal
  • holding § 1226 properly applies to all “immigrants who are not immediately deportable”
  • stating that an alien who “who have filed petitions for review with a court of appeals and received a stay” are treated as detained under Section 1231 as of “the date of the court's final order”
  • rejecting Government’s argument that a stay of removal “simply ‘temporarily interrupted’ ‘DHS’s ability to carry out [the Petitioner’s] removal’”
  • explaining that section 1231 governs detention of noncitizens “facing deportation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Engelmayer, Pooler, Sack

Read full opinion on CourtListener

Cited by

6 cases in this archive cite this case.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Hechavarria v. Sessions

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.