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Second Circuit· 3/3/2011

Luna v. Holder

Citations

  • 637 F.3d 85
  • 2011 WL 722607

How courts have described this case

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

  • concluding that the 90-day removal period is not in tension with the 90-day deadline for motions to reopen so long as noncitizens may pursue reopening from abroad
  • holding that departure bar in 8 U.S.C. § 1003.2(d) does not limit the BIA’s consideration of statutory motions to reopen but recognizing that it terminates jurisdiction over regulatory motions to reopen sua sponte
  • holding that the BIA’s regulation purporting to preclude removed persons from filing a motion to reopen - known as the “post-departure bar” - cannot be applied categorically to prevent the filing of such motions after removal
  • holding that the post-departure bar, 8 C.F.R. § 1003.2(d), may not be applied to prohibit statutory motions to reopen brought by deported noncitizens, and that post- removal motions to reopen process generally are an adequate substitute for habeas
  • holding that constitutional claims are subject to de novo review
  • observing that this court has construed § 1252(a)(2)(D) to provide jurisdiction to review “same types of issues that courts traditionally exercised in habeas review over Executive detentions” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Calabresi, Pooler, Chin

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named Luna v. Holder

1 other CourtListener record shares 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.