Legal Opinion
Rosales v. Bureau of Immigration & Customs Enforcement
Court of Appeals for the Fifth Circuit
Decided August 18, 2005No. 04-10630PublishedCited by 82 opinions
1Per curiam
Adrian Rosales petitioned for writ of habeas corpus under 28 U.S.C. § 2241 to challenge his final order of deportation on due process grounds. The district court concluded that it lacked jurisdiction because Rosales was not “in custody” under § 2241 and dismissed his suit. We affirmed in an unpublished opinion. Rosales v. Bureau of Immigration and Customs Enforcement, 115 Fed.Appx. 306 (5th Cir.2004) (per curiam). The Supreme Court vacated the opinion after the government conceded in its brief to the Court that Rosales should be considered “in custody” according to the prevailing view in our…
2Cases cited20 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Rumsfeld v. PadillaSupreme Court of the United States · 2004
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Jones v. CunninghamSupreme Court of the United States · 1963
- Breard v. GreeneSupreme Court of the United States · 1998
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3Cited by82 opinions
- Andrade v. GonzalesCourt of Appeals for the Fifth Circuit · 2006
- Martinez v. MukaseyCourt of Appeals for the Fifth Circuit · 2008
- Leslie v. Attorney General of USCourt of Appeals for the Third Circuit · 2010
- Maurice Gittens v. Fredrick Menifee, Warden FciCourt of Appeals for the Second Circuit · 2005
- Moreira v. MukaseyCourt of Appeals for the Fifth Circuit · 2007
77 more not listed; retrieve them via the Exa API.