Legal Opinion
Aleksandr Chmakov Nadejda Chmakova Denis Chmakov v. J. Scott Blackman, as District Director of the Immigration and Naturalization Service
Court of Appeals for the Third Circuit
Decided September 11, 2001No. 00-2235PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
BARRY, Circuit Judge:
In this appeal, we are called upon to answer a single legal question: did the District Court have jurisdiction to entertain a habeas corpus petition alleging a Fifth Amendment due process violation filed by aliens subject to a final order of removal for reasons other than a convic*212tion for a deportable crime? 1 Because the Supreme Court has concluded that Congress has not explicitly stated its intention to strip the federal courts of their habeas jurisdiction over petitions filed by aliens, whether those aliens be criminal or noncriminal aliens, we…
2Cases cited13 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Reno v. American-Arab Anti-Discrimination CommitteeSupreme Court of the United States · 1999
- LOZADABoard of Immigration Appeals · 1988
- Swain v. PressleySupreme Court of the United States · 1977
8 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Trevor A. Laing v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Mario Rosales-Garcia v. J.T. Holland, Warden, Reynero Arteaga Carballo v. Mark Luttrell, Warden Immigration and Naturalization ServiceCourt of Appeals for the Sixth Circuit · 2003
- Efrain Modesto Calle-Vujiles v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2003
- Riley v. Immigration & Naturalization ServiceCourt of Appeals for the Tenth Circuit · 2002
- Soriba Fadiga v. Attorney General USACourt of Appeals for the Third Circuit · 2007
47 more not listed; retrieve them via the Exa API.