· 1/25/2005
Somir v. United States
Citations
- 354 F. Supp. 2d 215
- 2005 U.S. Dist. LEXIS 999
- 2005 WL 174645
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Padilla does not apply to a petition chal- lenging a removal order, not challenging “present physical confinement”
- concluding that the near complete control the Attorney General possesses over noncitizens facing deportation makes him the legal custodian of these individuals and therefore a proper respondent
- “[T]he Attorney General is a proper respondent in immigration cases where the petitioner is challenging the government’s efforts to remove him from this country.”
- “[T]he near total control exercised by the Attorney General over aliens facing exclusion and deportation proceedings makes the Attorney General a custodian of these individuals within the meaning of the general habeas statute.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garaufis
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.