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· 12/3/2012

Saul Martinez v. Janet Napolitano

Citations

  • 704 F.3d 620
  • 2012 U.S. App. LEXIS 24802
  • 2012 WL 5995444

How courts have described this case

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

  • explaining that § 1252(a)(5) provides the “sole and exclusive” means of judicial review of an order of removal and prohibits APA claims
  • affirming district court’s lack of jurisdiction to review claim indirectly challenging removal order by alleging capricious agency action in violation of Administrative Procedure Act
  • finding barred plaintiff’s challenges to “the procedure and substance of the BIA’s determination that he was ineligible for asylum, withholding of removal, and relief under the [Convention Against Torture]”
  • “The exclusive 8 means to challenge an order of removal is the petition for review process.”
  • the provisions \limit all aliens to one bite of the apple with regard to challenging an order of removal.\
  • the “statutory scheme was designed to limit all [noncitizens] to one bite of the apple with regard to challenging an order of removal”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Hawkins, Murguia

Read full opinion on CourtListener

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.