§Why CasetextPricing

Obomighie v. Holder et al

RESPONSE to 6

43 Cited authorities

  1. County of Sacramento v. Lewis

    523 U.S. 833 (1998)   Cited 8,746 times   7 Legal Analyses
    Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"

  2. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 12,787 times   5 Legal Analyses
    Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"

  3. Rumsfeld v. Padilla

    542 U.S. 426 (2004)   Cited 4,514 times   3 Legal Analyses
    Holding that jurisdiction under § 2241(b) lies only in the district of confinement

  4. Zadvydas v. Davis

    533 U.S. 678 (2001)   Cited 4,272 times   17 Legal Analyses
    Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"

  5. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,802 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"

  6. Douglass v. United Services Auto. Ass'n

    79 F.3d 1415 (5th Cir. 1996)   Cited 33,211 times   1 Legal Analyses
    Holding "party's failure to file written objections to the proposed findings, conclusions, and recommendation in a [R & R] ... after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court, provided that the party has been served with notice that such consequences will result from a failure to object"

  7. Demore v. Kim

    538 U.S. 510 (2003)   Cited 1,683 times   13 Legal Analyses
    Holding that mandatory detention of noncitizens convicted of a wide variety of offenses does not violate the Due Process Clause

  8. Foucha v. Louisiana

    504 U.S. 71 (1992)   Cited 1,267 times   13 Legal Analyses
    Holding broadly that insanity acquittees may not be detained unless the government can show they are dangerous by clear and convincing evidence

  9. INS v. Aguirre-Aguirre

    526 U.S. 415 (1999)   Cited 809 times   2 Legal Analyses
    Holding that the Board's construction of the statutes it administers warrants Chevron deference

  10. INS v. Abudu

    485 U.S. 94 (1988)   Cited 1,173 times
    Holding that the BIA may deny a motion to reopen if "the movant has not established a prima facie case for the underlying substantive relief sought"

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,883 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  12. Section 2241 - Power to grant writ

    28 U.S.C. § 2241   Cited 80,885 times   55 Legal Analyses
    Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"

  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,624 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Section 3006A - Adequate representation of defendants

    18 U.S.C. § 3006A   Cited 17,857 times   13 Legal Analyses
    Granting defendants an ex parte forum to request reimbursement for supplemental services

  15. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,754 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  16. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,920 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  17. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,826 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

  18. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,095 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  19. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,173 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"

  20. Section 1253 - Penalties related to removal

    8 U.S.C. § 1253   Cited 1,123 times   3 Legal Analyses
    Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

  21. Section 241.4 - Continued detention of inadmissible, criminal, and other aliens beyond the removal period

    8 C.F.R. § 241.4   Cited 482 times
    Granting ICE discretion whether to detain individuals detained pursuant to Section 1231

  22. Section 241.13 - Determination of whether there is a significant likelihood of removing a detained alien in the reasonably foreseeable future

    8 C.F.R. § 241.13   Cited 284 times
    Setting out the Zadvydas procedures

  23. Section 241.5 - Conditions of release after removal period

    8 C.F.R. § 241.5   Cited 141 times
    Establishing conditions of release after removal period

  24. Section 241.14 - Continued detention of removable aliens on account of special circumstances

    8 C.F.R. § 241.14   Cited 51 times
    Permitting the detention of aliens with a highly contagious disease