Legal Opinion
Jose Napoleon Marquez-Almanzar v. Immigration and Naturalization Service
Court of Appeals for the Second Circuit
Decided August 8, 2005No. Docket 03-4395(L), 03-40027(CON), 03-40497(CON)PublishedCited by 68 opinions
1Opinion of the Court
JOHN M. WALKER, JR., Chief Judge.
This case was transferred to our court by an order of the United States District Court for the Southern District of New York (Gerard E. Lynch, Judge), which found, pursuant to 8 U.S.C. § 1252(b)(5), that the district court lacked jurisdiction over the nationality claim made in Jose Napoleon Marquez-Almanzar’s § 2241 ha-beas corpus petition. As we explain below, resolution of the complex procedural and jurisdictional questions originally presented by the case is no longer necessary in light of the enactment, on May 11, 2005, of the REAL ID Act of 2005, Pub.L.…
2Cases cited14 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Joseph Fama v. Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
- Barber v. GonzalesSupreme Court of the United States · 1954
- Restoration Preservation Masonry, Inc. v. Grove Europe Ltd.Court of Appeals for the First Circuit · 2003
- Abimbola v. AshcroftCourt of Appeals for the Second Circuit · 2004
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3Cited by68 opinions
- Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
- Maria Martinez-Rosas v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
- Giuli Ivanishvili v. United States Department of Justice & Attorney General GonzalesCourt of Appeals for the Second Circuit · 2006
- Nasrin Mohammadi v. Islamic Republic of IranCourt of Appeals for the D.C. Circuit · 2015
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