Legal Opinion
Hernandez v. Gonzales
Court of Appeals for the First Circuit
Decided September 16, 2005No. 05-2128PublishedCited by 49 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
On May 6, 2005, Juan Carlos Hernandez, a Mariel Cuban, 1 filed a habeas corpus petition in the district court challenging his continued detention under Clark v. Martinez, — U.S. -, 125 S.Ct. 716, 160 L.Ed.2d 734 (2005). On May 13, 2005, petitioner was released from custody, prompting the respondents to move to dismiss the habeas petition as moot. On July 18, 2005, without ruling on the motion to dismiss, the district court transferred the case to this court, purportedly under the Real ID Act. Because we conclude that the jurisdiction-stripping and transfer provisions of…
2Cases cited2 opinions
- Clark v. MartinezSupreme Court of the United States · 2005
- Oumar Sissoko Julie Sissoko v. Loyda R. Rocha United States of America, Oumar Sissoko, an Individual Julie Sissoko, an Individual v. Alberto R. Gonzales, Attorney General, Attorney General of the United States U.S. Immigration & Naturalization Service Doris Meissner, Commissioner, United States Ins Richard Nmi Rogers, District Director, United States Ins Four Unknown Named Officers, of the United States Immigration and Naturalization Service United States U.S. Public Health Services Joseph Chen, Md Unknown Named Employees of the United States Public Health Services, and Loyda R. Rocha, Immigration Inspector, United States InsCourt of Appeals for the Ninth Circuit · 2005
3Cited by49 opinions
- Aguilar v. United States Immigration & Customs Enforcement Division of the Department of Homeland SecurityCourt of Appeals for the First Circuit · 2007
- Kong v. United StatesCourt of Appeals for the First Circuit · 2023
- Al-Siddiqi, Mohamed v. Achim, DeborahCourt of Appeals for the Seventh Circuit · 2008
- David Nnadika v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2007
- Flores-Powell v. ChadbourneDistrict Court, D. Massachusetts · 2010
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