Legal Opinion
Hamdi Ex Rel. Hamdi v. Napolitano
Court of Appeals for the Sixth Circuit
Decided September 7, 2010No. 19-2264PublishedCited by 38 opinions
1Opinion of the CourtMoore, J., joined by Merritt, J.,
GIBBONS, J. (pp. 629-30), delivered a separate concurring opinion.
OPINION
KAREN NELSON MOORE, Circuit Judge.
Sami Hamdi, the minor child of an undocumented immigrant, filed a complaint under the Declaratory Judgment Act (“DJA”), 28 U.S.C. § 2201, and the Administrative Procedure Act (“APA”), 5 U.S.C. § 702, to prohibit the Department of Homeland Security (“DHS”) from removing his mother on the ground that the mother’s removal violated his own constitutional rights as an American citizen. Hamdi is severely disabled and is dependent on his mother’s care. The district court dismissed the complaint…
2Cases cited56 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Bell v. HoodSupreme Court of the United States · 1946
- Califano v. SandersSupreme Court of the United States · 1977
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3Cited by38 opinions
- Charvat v. NMP, LLCCourt of Appeals for the Sixth Circuit · 2011
- Hunter v. Hamilton County Board of ElectionsCourt of Appeals for the Sixth Circuit · 2011
- Tara Nikolao v. Nick LyonCourt of Appeals for the Sixth Circuit · 2017
- Maria Muniz-Muniz v. United States Border PatrolCourt of Appeals for the Sixth Circuit · 2013
- Mr. Julien Michel Belleri v. USACourt of Appeals for the Eleventh Circuit · 2013
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