Legal Opinion
Elgharib v. Napolitano
Court of Appeals for the Sixth Circuit
Decided March 30, 2010No. 09-3029PublishedCited by 78 opinions
1Opinion of the Court
OPINION
KAREN NELSON MOORE, Circuit Judge.
The Department of Homeland Security (“DHS”) ordered Fatiha Elgharib removed in absentia in June 2007 when she failed to appear for her removal hearing. Elgharib failed to appeal, later filed a motion to reopen her removal proceedings, and then did not appeal the denial of that motion. In October 2008, Elgharib filed a petition for a writ of prohibition under 28 U.S.C. § 1651 in the district court to review her order of removal, alleging the removal order was granted without notice or an opportunity to be heard in violation of the Due Process Clause.…
2Cases cited39 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- Alden v. MaineSupreme Court of the United States · 1999
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3Cited by78 opinions
- Öztürk v. HydeCourt of Appeals for the Second Circuit · 2025
- Beaven v. United States Department of JusticeCourt of Appeals for the Sixth Circuit · 2010
- Usama Hamama v. Rebecca AdducciCourt of Appeals for the Sixth Circuit · 2018
- Syed Tazu v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2020
- E. F. L. v. Bill PrimCourt of Appeals for the Seventh Circuit · 2021
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