21 Cited authorities

Rumsfeld v. Padilla
542 U.S. 426 (2004) Cited 4,524 times 3 Legal Analyses
Holding that jurisdiction under § 2241(b) lies only in the district of confinement
McCarthy v. Madigan
503 U.S. 140 (1992) Cited 1,837 times 2 Legal Analyses
Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages
Weinberger v. Salfi
422 U.S. 749 (1975) Cited 2,765 times
Holding existence of a final decision made after a hearing is central to the grant of subject matter jurisdiction under § 405(g)
Reiter v. Cooper
507 U.S. 258 (1993) Cited 722 times 3 Legal Analyses
Holding district court has discretion “either to retain jurisdiction or ... to dismiss the case”
Fernandez-Vargas v. Gonzales
548 U.S. 30 (2006) Cited 404 times 2 Legal Analyses
Holding that Section 1231's "removal period" does "not begin until the date of the Court's final order"
Fuller v. Rich
11 F.3d 61 (5th Cir. 1994) Cited 718 times
Holding that a § 2241 petitioner must exhaust his administrative remedies
Prieto-Romero v. Clark
534 F.3d 1053 (9th Cir. 2008) Cited 292 times
Holding that "the Attorney General's statutory authority to detain Prieto–Romero, whose administrative review is complete but whose removal is stayed pending the court of appeals' resolution of his petition for review, must be grounded in § 1226"
Castro-Cortez v. I.N.S.
239 F.3d 1037 (9th Cir. 2001) Cited 308 times
Holding that the court had jurisdiction to review the reinstatement order under INA § 242
U.S. v. Velasquez
524 F.3d 1248 (11th Cir. 2008) Cited 154 times 1 Legal Analyses
Holding that the Executive, not judiciary, has the authority to decide to detain noncitizens
Sundar v. I.N.S.
328 F.3d 1320 (11th Cir. 2003) Cited 151 times
Holding that, because of § 1251(d), "we lack jurisdiction to consider claims that have not been raised before the BIA"
Section 2241 - Power to grant writ
28 U.S.C. § 2241 Cited 80,990 times 55 Legal Analyses
Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"
Section 2242 - Application
28 U.S.C. § 2242 Cited 3,702 times 4 Legal Analyses
Requiring § 2241 petitioner to name "the person who has custody over" petitioner as respondent
Section 1226 - Apprehension and detention of aliens
8 U.S.C. § 1226 Cited 3,176 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 21 - Stolen or counterfeit nature of property for certain crimes defined
18 U.S.C. § 21 Cited 1,224 times
Defining stolen property to include property which was represented by law enforcement and persons under their direction to be stolen and which the defendant believed to be stolen
Section 2315 - Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps
18 U.S.C. § 2315 Cited 608 times 2 Legal Analyses
Forbidding the possession, receipt, or sale of of stolen property that has crossed state borders
Section 1003.19 - Custody/bond
8 C.F.R. § 1003.19 Cited 426 times 2 Legal Analyses
Granting immigration judges jurisdiction to review custody and bond determinations
Section 236.1 - Apprehension, custody, and detention
8 C.F.R. § 236.1 Cited 401 times 2 Legal Analyses
Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings
Section 1236.1 - Apprehension, custody, and detention
8 C.F.R. § 1236.1 Cited 178 times 1 Legal Analyses
Authorizing parole where the alien has demonstrated that "such release would not pose a danger to property or persons" and he or she "is likely to appear for any future proceeding"
Section 208.17 - Deferral of removal under the Convention Against Torture
8 C.F.R. § 208.17 Cited 125 times 1 Legal Analyses
Noting that deferral of removal is available for certain aliens ineligible for withholding of removal

Nasrallah v. Lynch et al

21 Cited authorities

Holding that jurisdiction under § 2241(b) lies only in the district of confinement

Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages

Holding existence of a final decision made after a hearing is central to the grant of subject matter jurisdiction under § 405(g)

Holding district court has discretion “either to retain jurisdiction or ... to dismiss the case”

Holding that Section 1231's "removal period" does "not begin until the date of the Court's final order"

Holding that a § 2241 petitioner must exhaust his administrative remedies

Holding that "the Attorney General's statutory authority to detain Prieto–Romero, whose administrative review is complete but whose removal is stayed pending the court of appeals' resolution of his petition for review, must be grounded in § 1226"

Holding that the court had jurisdiction to review the reinstatement order under INA § 242

Holding that the Executive, not judiciary, has the authority to decide to detain noncitizens

Holding that, because of § 1251(d), "we lack jurisdiction to consider claims that have not been raised before the BIA"

Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"

Requiring § 2241 petitioner to name "the person who has custody over" petitioner as respondent

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"

Defining stolen property to include property which was represented by law enforcement and persons under their direction to be stolen and which the defendant believed to be stolen

Forbidding the possession, receipt, or sale of of stolen property that has crossed state borders

Granting immigration judges jurisdiction to review custody and bond determinations

Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings

Authorizing parole where the alien has demonstrated that "such release would not pose a danger to property or persons" and he or she "is likely to appear for any future proceeding"

Noting that deferral of removal is available for certain aliens ineligible for withholding of removal