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· 8/18/2006

Hem v. Maurer

Citations

  • 458 F.3d 1185
  • 2006 U.S. App. LEXIS 21227
  • 2006 WL 2383281

How courts have described this case

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

  • requiring a showing of “objective reliance,” i.e., that reliance would have been reasonable under the circum- stances
  • rejecting Rankine’s actual reliance requirement in favor of an objective reliance standard
  • \ Hughes Aircraft . . . similarly failed to impose any reliance requirement on retroactivity challenges.\
  • \The facts of Landgraf itself belie any notion that the Supreme Court requires a showing of actual reliance as a prerequisite to sustain a retroactivity challenge.\
  • retroactive application of provision of IIRIRA was impermissible in case of alien who proceeded to trial rather than pleading guilty
  • “Hughes Aircraft ... similarly failed to impose any reliance requirement on retroactivity challenges.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Henry, Holloway, Lucero

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.