Legal Opinion
Ramos Serrano v. Estrada
District Court, N.D. Texas
Decided May 13, 2002No. 3:01-cv-01916PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
LYNN, District Judge.
Before the Court are motions in three separate cases raising a single legal question: whether the Immigration and Nationality Act (“INA”) § 236(c), codified at 8 U.S.C. § 1226(c)(1), is unconstitutional as applied to permanent resident aliens. After careful consideration of the legal issues presented by Petitioners and Respondents in their briefing and at oral argument, the Court concludes that the statutory provision is unconstitutional. The irrebuttable presumption that permanent resident aliens falling within the ambit of § 236(c) are flight…
2Cases cited27 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- United States v. SalernoSupreme Court of the United States · 1987
- Reno v. FloresSupreme Court of the United States · 1993
- Foucha v. LouisianaSupreme Court of the United States · 1992
- Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
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3Cited by3 opinions
- Quezada-Bucio v. RidgeDistrict Court, W.D. Washington · 2004
- Gashaj v. GarciaDistrict Court, W.D. Texas · 2002
- Lozano-Castaneda v. GarciaDistrict Court, W.D. Texas · 2002