Legal Opinion
Osuna-Gutierrez v. Johnson
Court of Appeals for the Tenth Circuit
Decided September 22, 2016No. 14-9593PublishedCited by 9 opinions
1Opinion of the Court
EBEL, Circuit Judge.
SUMMARY
Brayan Alexis Osuna-Gutierrez argues his deportation was improper for two reasons: (1) the Department of Homeland Security’s (DHS) expedited removal process is illegal; and (2)' in any event, it' was improper for DHS to use th'e expedited removal process on Gutierrez because he pled guilty to a misdemeanor, not a felony. However, Gutierrez is wrong on both counts.
First, Congress specifically empowered the Attorney General to create expedited removal proceedings and properly transferred those powers to the Department of Homeland Security. The fact that an Immigration…
2Cases cited10 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. BatchelderSupreme Court of the United States · 1979
- Moncrieffe v. HolderSupreme Court of the United States · 2013
- United States v. Leroy S. Outen Rodney D. Smith Sheldon Wilford Donald Gordon Euton Christian Tyrone McFadden Herbie Noel, AKA "Wayne"Court of Appeals for the Second Circuit · 2002
- Torres De La Cruz v. MaurerCourt of Appeals for the Tenth Circuit · 2007
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3Cited by9 opinions
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- Jesus Delgado-Arteaga v. Jeff SessionsCourt of Appeals for the Seventh Circuit · 2017
- Pinnock Perry v. BarrDistrict Court, W.D. New York · 2020
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