In re Hidalgo

1 Citing brief

  1. Watson v. Estrada et al

    MEMORANDUM in Opposition re Motion to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12

    Filed June 10, 2015

    When Plaintiff appeared before an Immigration Judge for the first time on June 25, 2008—49 days after his arrest—the judge had no jurisdiction to review Plaintiff’s custody and did not even have legal authority to declare Plaintiff a U.S. citizen. In re Acosta Hidalgo, 24 I. & N. Dec. 103, 108 (B.I.A.2007). Plaintiff was not entitled to a prompt “probable cause” hearing or bond hearing.