Phelan v. Cambell

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).