Castro v. United States Dept. of Homeland Sec.

Docket Number16-1339
Decision Date29 August 2016

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83 cases
  • Grace v. Barr
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • July 17, 2020
    ...review in all federal district courts. See § 1252(e)(3), (4), (5) ; see also Thuraissigiam , 140 S.Ct. at 1967–71 ; Castro v. DHS , 835 F.3d 422, 427 (3d Cir. 2016).4 The alien appealed to the BIA after having been ordered removed by an immigration judge. See 8 C.F.R. § 1003.1(b).5 As part ......
  • Uecker v. U.S. Forest Serv.
    • United States
    • U.S. District Court — District of Colorado
    • February 28, 2019
    ...to the United States . . . ."); U.S. ex rel. Knauff v. Shaughnessy, 338 U.S. 537, 544 (1950); Castro v. United States Dep't of Homeland Security, 835 F.3d 422, 442-43 (3d Cir. 2016). However, even aside from this plenary power argument, the Court finds that Defendants' impoundment regulatio......
  • Lopez v. Sessions
    • United States
    • U.S. District Court — Southern District of New York
    • June 12, 2018
    ...the right to be free from "inhumanetreatment," such as "indefinite, hearingless detention." See Pet.; Castro v. U.S. Dep't Homeland Sec., 835 F.3d 422, 449 n.32 (3d Cir. 2016); see also Zadvydas, 533 U.S. at 693-94; Lynch v. Cannatella, 810 F.2d 1363, 1374 (5th Cir. 1987). The Court agrees.......
  • Ruderman v. Kolitwenzew
    • United States
    • U.S. District Court — Central District of Illinois
    • May 12, 2020
    ...(at least without some kind of showing that they are likely to flee or harm the community)"); see also Castro v. U.S. Dep't of Homeland Sec., 835 F.3d 422, 449 n.32 (3d Cir. 2016) ("We doubt ... that Congress could authorize, or that the Executive could engage in, the indefinite, hearingles......
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3 books & journal articles
  • The Invention of Immigration Exceptionalism.
    • United States
    • Yale Law Journal No. 134-2, November 2024
    • November 1, 2024
    ...clandestine entrants from invoking the Due Process Clause to challenge their removal procedures. See, e.g., Castro v. Dep't of Homeland Sec., 835 F.3d 422, 448 (3d Cir. 2016); Brief for the United States, supra note 221, at 8-9; Motomura, Phantom Norms, supra note 11, at 554 ("According to ......
  • Collateral Damage: Non-debtor Recovery for Bad Faith Involuntary Bankruptcy Petitions
    • United States
    • Emory University School of Law Emory Bankruptcy Developments Journal No. 35-1, March 2019
    • Invalid date
    ...U.S. 557 (1968); Metro Life Ins. Co. v. Taylor, 481 U.S. 58 (1987); Beneficial Nat'l Bank v. Anderson, 539 U.S. 1 (2003).217. Rosenberg, 835 F.3d at 422.218. Johnson, supra note 76.219. Id.220. Tristin K. Green, Comment, Complete Preemption - Removing the Mystery from Removal, 86 Cal. L. Re......
  • A SUSPENDED DEATH SENTENCE: HABEAS REVIEW OF EXPEDITED REMOVAL DECISIONS.
    • United States
    • Michigan Law Review Vol. 118 No. 4, February 2020
    • February 1, 2020
    ...This determination involved a preliminary question: whether the petitioners were entitled to Suspension Clause protection at all. In Castro, the Third Circuit held that the petitioners did not have any constitutional rights, including habeas rights. (120) The court stressed that the petitio......