Legal Opinion

Delgado v. Quarantillo

Court of Appeals for the Second Circuit

Decided June 17, 2011No. Docket 10-1136-cvPublishedCited by 115 opinions

1Per curiam

Plaintiff-Appellant Monica Patricia Tenesaca Delgado appeals from a March 3, 2010 judgment of the United States District Court for the Southern District of New York (Chin, J.) dismissing her complaint for lack of jurisdiction, and in the alternative, as barred by res judicata. As a matter of first impression in this circuit, we hold today that a district court lacks jurisdiction over an indirect challenge to an order of removal.

I. Background

In May 1999, Delgado, who is a native and citizen of Ecuador, attempted to enter the United States using false identification. She was prevented from…

2Cases cited8 opinions

  1. Sharkey v. QuarantilloCourt of Appeals for the Second Circuit · 2008
  2. Gonzales v. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2007
  3. Ruiz v. MukaseyCourt of Appeals for the Second Circuit · 2009
  4. Lee v. United States Citizenship & Immigration ServicesCourt of Appeals for the Fourth Circuit · 2010
  5. Morales-Izquierdo v. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2010

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3Cited by115 opinions

  1. Öztürk v. HydeCourt of Appeals for the Second Circuit · 2025
  2. Saul Martinez v. Janet NapolitanoCourt of Appeals for the Ninth Circuit · 2012
  3. Singh v. United States Citizenship & Immigration ServicesCourt of Appeals for the Second Circuit · 2017
  4. Calderon v. SessionsDistrict Court, S.D. Illinois · 2018
  5. Torres-Tristan v. HolderCourt of Appeals for the Seventh Circuit · 2011

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