Legal Opinion

Hechavarria v. Sessions

Court of Appeals for the Second Circuit

Decided May 16, 2018No. Docket No. 16-1380; August Term, 2017PublishedCited by 120 opinions

1Opinion of the Court

POOLER, Circuit Judge:

The Immigration and Nationality Act ("INA") provides for the detention of immigrants under various circumstances, two of which are at issue in this case. Immigrants who have been ordered removed are detained during their "removal period" under 8 U.S.C. § 1231(a). "Criminal aliens" are detained pursuant to 8 U.S.C. § 1226(c). In this appeal, we are asked to decide whether a "criminal alien" is detained under Section 1231(a) when he has exhausted his options for administrative review, even though he has a stay pending resolution of his appeal in this Court. We hold today…

2Cases cited24 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. Johnson v. United StatesSupreme Court of the United States · 2015
  4. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  5. Nken v. HolderSupreme Court of the United States · 2009

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3Cited by120 opinions

  1. Velasco Lopez v. DeckerCourt of Appeals for the Second Circuit · 2020
  2. Hechavarria v. WhitakerDistrict Court, W.D. New York · 2019
  3. Singh v. WhitakerDistrict Court, W.D. New York · 2019
  4. Campbell v. BarrDistrict Court, W.D. New York · 2019
  5. Abdelwahab v. BarrDistrict Court, W.D. New York · 2021

115 more not listed; retrieve them via the Exa API.

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