· 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 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.