Legal Opinion
Salvador Rivera v. John Ashcroft, Attorney General Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided January 7, 2005No. 03-35548PublishedCited by 35 opinions
1Opinion of the Court
FERGUSON, Circuit Judge.
Salvador Rivera, a.k.a. Salvador Galvan-Gaspar, (hereinafter “Rivera”) appeals the District Court’s denial of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. Rivera alleges that he is a United States citizen who was wrongly removed to Mexico, that his Due Process rights were violated during removal proceedings before Immigration Judge Anna Ho, and that he is entitled to a declaration by the District Court that he is a United States citizen. We find that the District Court has jurisdiction to hear Rivera’s citizenship claim and remand for further proceedings.
F…
2Cases cited18 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Trop v. DullesSupreme Court of the United States · 1958
- Chun He Li v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Ng Fung Ho v. WhiteSupreme Court of the United States · 1922
- United States v. Wong Kim ArkSupreme Court of the United States · 1898
13 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Galina Ivanovna Smolniakova v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Anderson v. HolderCourt of Appeals for the Ninth Circuit · 2012
- Alfred Minasyan v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Iasu v. SmithCourt of Appeals for the Ninth Circuit · 2007
- Poole v. MukaseyCourt of Appeals for the Second Circuit · 2008
30 more not listed; retrieve them via the Exa API.