· 10/25/2007
Rios-Valenzuela v. Department of Homeland Security
Citations
- 506 F.3d 393
- 2007 U.S. App. LEXIS 25118
- 2007 WL 3105904
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that jurisdiction was barred because Rios-Valenzuela’s citizenship claim ”originate[d] ... in connection with the removal proceedings”
- explaining that the citizenship issue “cannot, logically, be ‘in issue in a removal proceeding’ unless there is a removal proceeding pending”
- explaining the two avenues by which a “person generally may pursue a citizenship claim”
- declining plaintiff’s invitation to “find that a due process right inheres naturally in a claim to citizenship itself” and rejecting a Fifth Amendment claim as an alternative to proceeding under §1503(a)
- dismissing a claim of citizenship brought after the initiation of removal proceedings
- section 1503 suit cannot be maintained if “citizenship that forms the basis of [a claim] originates, at the least, in connection with the removal proceedings”
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Davis, Wiener
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.