Legal Opinion
Smith v. United States Customs & Border Protection
Court of Appeals for the Ninth Circuit
Decided January 9, 2014No. 11-35556PublishedCited by 24 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge:
This case asks us to consider whether a Canadian arriving at the border and subjected to expedited removal but never detained is entitled to habeas relief, under either the traditional habeas structure, 28 U.S.C. § 2241, or the more limited regime applicable to expedited removal orders, 8 U.S.C. § 1252(e)(2). John Smith was ordered removed when customs officials determined that he planned to work in the United States without documentation. Smith petitioned the court in habeas, contending that, as a Canadian, he was exempt from documentary requirements, and that…
2Cases cited11 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
- United States Ex Rel. Knauff v. ShaughnessySupreme Court of the United States · 1950
- Liban Ahmed Abdala v. Immigration and Naturalization Service Adele J. Fasano, Dist. Director, Ins District Director for the San Diego DistrictCourt of Appeals for the Ninth Circuit · 2007
- Don Kirshner, and Schumaier, Roberts & McKinsey v. Uniden Corporation of AmericaCourt of Appeals for the Ninth Circuit · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Castro v. United States Department of Homeland SecurityCourt of Appeals for the Third Circuit · 2016
- Vijayakumar Thuraissigiam v. UsdhsCourt of Appeals for the Ninth Circuit · 2019
- United States v. J. RevesCourt of Appeals for the Ninth Circuit · 2014
- M.S.P.C. v. U.S. Customs & Border ProtectionDistrict Court, D. New Mexico · 2014
- Dugdale v. U.S. Customs & Border ProtectionDistrict Court, District of Columbia · 2015
19 more not listed; retrieve them via the Exa API.