· 1/12/2006
Ramirez-Molina v. Ziglar
Citations
- 436 F.3d 508
- 2006 WL 62862
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that on direct appeal from a reinstatement order the court retained the power to hear constitutional and legal challenges to the underlying deportation order
- finding that an alien’s failure to contest his removability in his original deportation proceedings is a “critical factor in denying claims that deportation proceedings constituted a gross miscarriage of justice”
- noting that there is no precise standard, for determining what constitutes a gross miscarriage of justice and dismissing petition for lack of jurisdiction after concluding that petitioner had not demonstrated a gross miscarriage of justice
- requiring a “gross miscarriage of justice” as a jurisdictional requirement for a collateral attack on a removal order
- noting difference in case law between a collateral attack in the context of a petition for review of a reinstatement decision and criminal prosecution for illegal reentry
- a challenge to an already-executed initial removal order on the grounds that the initial order was invalid is a collateral attack on the initial removal order
Source: CourtListener parenthetical corpus (CC0).
Judges: Garwood, Smith, Demoss
Read full opinion on CourtListenerSourced 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.