Javier Noriega-Lopez v. John Ashcroft, Attorney General Charles Demore Lori Scialabba

How courts have described this case

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

• holding that BIA acted ultra vires because statute did not give it authority to issue deportation orders
• holding that where the BIA lacks authority to enter a removal order, the removal order is “a legal nullity”
• holding that the BIA lacks authority to enter orders of removal and is obligated to remand every case wherein it overturns the IJ’s determination that an alien is not removable so that the IJ can issue the order of removal
• finding that “[t]he district court ... properly exercised jurisdiction over [an] issue” on habeas, because “[w]e ... had no jurisdiction on direct review to consider” the issue
• stating that an ultra vires claim is “purely one of statutory construction”
• noting that proceedings are a \legal nullity\ when conducted without authority

Source: CourtListener parenthetical corpus (CC0).