13 Cited authorities

U.S. v. Phosphate Export Assn
393 U.S. 199 (1968) Cited 843 times 1 Legal Analyses
Holding that “the heavy burden of persuasion” that the challenged conduct cannot reasonably be expected to start up again lies with the party asserting mootness
Rosebrock v. Mathis
745 F.3d 963 (9th Cir. 2014) Cited 125 times
Finding that this type of conduct falls within the voluntary cessation exception
McCormack v. Herzog
788 F.3d 1017 (9th Cir. 2015) Cited 81 times 1 Legal Analyses
Holding state law unconstitutional because it prohibited abortions 20 or more weeks postfertilization, regardless of fetus attaining viability
Ortiz–Alfaro v. Holder
694 F.3d 955 (9th Cir. 2012) Cited 73 times
Holding that "where an alien pursues reasonable fear and withholding of removal proceedings following the reinstatement of a prior removal order, the reinstated removal order does not become final until the reasonable fear of persecution and withholding of removal proceedings are complete"
Rosebrock v. Hoffman
575 U.S. 983 (2015)
No. 14-884. 04-27-2015 Robert ROSEBROCK, petitioner, v. Barton HOFFMAN, Acting Police Chief for the VA of Greater Los Angeles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Villa-Anguiano v. Holder
727 F.3d 873 (9th Cir. 2013) Cited 42 times
In Villa-Anguiano, we did not consider a collateral attack and expressly stated that "[b]ecause this case does not directly involve a challenge to the [underlying removal] order, we need not decide whether § 1252(b)(1) would preclude such review."
Luna-Garcia v. Holder
777 F.3d 1182 (10th Cir. 2015) Cited 31 times
In Luna-Garcia v. Holder, 777 F.3d 1182 (10th Cir. 2015), we held a reinstated order of removal is final for purposes of judicial review only after withholding-only proceedings conclude.
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,744 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,820 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
Section 1226 - Apprehension and detention of aliens
8 U.S.C. § 1226 Cited 3,169 times 22 Legal Analyses
Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,282 times 16 Legal Analyses
Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
Section 241.4 - Continued detention of inadmissible, criminal, and other aliens beyond the removal period
8 C.F.R. § 241.4 Cited 480 times
Granting ICE discretion whether to detain individuals detained pursuant to Section 1231
Section 287.3 - Disposition of cases of aliens arrested without warrant
8 C.F.R. § 287.3 Cited 149 times 1 Legal Analyses
Requiring that an alien arrested without a warrant and placed in formal proceedings be apprised of the reason for his arrest, his right to representation, and that any statement he makes may be used against him in a subsequent proceeding

Jenny L Flores v. Edwin Meese

13 Cited authorities

Holding that “the heavy burden of persuasion” that the challenged conduct cannot reasonably be expected to start up again lies with the party asserting mootness

Finding that this type of conduct falls within the voluntary cessation exception

Holding state law unconstitutional because it prohibited abortions 20 or more weeks postfertilization, regardless of fetus attaining viability

Holding that "where an alien pursues reasonable fear and withholding of removal proceedings following the reinstatement of a prior removal order, the reinstated removal order does not become final until the reasonable fear of persecution and withholding of removal proceedings are complete"

In Villa-Anguiano, we did not consider a collateral attack and expressly stated that "[b]ecause this case does not directly involve a challenge to the [underlying removal] order, we need not decide whether § 1252(b)(1) would preclude such review."

In Luna-Garcia v. Holder, 777 F.3d 1182 (10th Cir. 2015), we held a reinstated order of removal is final for purposes of judicial review only after withholding-only proceedings conclude.

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

Granting ICE discretion whether to detain individuals detained pursuant to Section 1231

Requiring that an alien arrested without a warrant and placed in formal proceedings be apprised of the reason for his arrest, his right to representation, and that any statement he makes may be used against him in a subsequent proceeding