Legal Opinion
Mario Rosales-Garcia v. J.T. Holland, Warden
Court of Appeals for the Sixth Circuit
Decided January 31, 2001No. 99-5683PublishedCited by 17 opinions
1Opinion of the CourtMoore, J., joined by Clay, J.,
RICE, D.J. (pp. 727-39), delivered a separate dissenting opinion.
OPINION
MOORE, Circuit Judge.
This case presents the difficult and complex question whether an excludable alien has a liberty interest recognized by the Fifth Amendment’s Due Process Clause when the Immigration and Naturalization Service (“INS”) seeks to detain him in custody, perhaps indefinitely, without charging him with a crime or affording him a trial but simply on the ground that it cannot effect his deportation. On July 9, 1998, Petitioner-Appellant Mario Rosales-Garda (“Rosales”) applied for a writ of habeas corpus…
2Cases cited50 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- United States v. SalernoSupreme Court of the United States · 1987
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Plyler v. DoeSupreme Court of the United States · 1982
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3Cited by17 opinions
- In Re ResendizCalifornia Supreme Court · 2001
- Borrero v. AljetsDistrict Court, D. Minnesota · 2001
- Chavez-Rivas v. OlsenDistrict Court, D. New Jersey · 2002
- Fernandez-Fajardo v. Immigration & Naturalization ServiceDistrict Court, M.D. Louisiana · 2001
- United States v. ThomasCourt of Appeals for the Sixth Circuit · 2002
12 more not listed; retrieve them via the Exa API.