Legal Opinion
Hedelito Garcia v. Linda Thomas
Court of Appeals for the Ninth Circuit
Decided June 8, 2012No. 09-56999PublishedCited by 58 opinions
1Opinion of the Court
PER CURIAM Opinion; Concurrence by Judge THOMAS; Dissent by Judge TALLMAN; Partial Concurrence and Partial Dissent by Judge BERZON; Partial Concurrence and Partial Dissent by Judge PREGERSON; Partial Dissent by Chief Judge KOZINSKI.
OPINION
2Per curiam
Trinidad y Garcia alleges that his extradition to the Philippines would violate his rights under the Convention Against Torture (CAT)1 and the Fifth Amendment’s Due Process Clause. The CAT is a treaty signed and ratified by the United States, but is non-self-executing. 136 Cong. Rec. 36,198 (1990). Congress, however, has implemented the treaty by statute as…
3Cases cited14 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Goldberg v. KellySupreme Court of the United States · 1970
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Demore v. KimSupreme Court of the United States · 2003
9 more not listed; retrieve them via the Exa API.
4Cited by58 opinions
- United States v. John DoeCourt of Appeals for the Third Circuit · 2015
- Vijayakumar Thuraissigiam v. UsdhsCourt of Appeals for the Ninth Circuit · 2019
- Cook v. Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 2013
- Silva Mamigonian v. Michael BiggsCourt of Appeals for the Ninth Circuit · 2013
- United States v. ArchuletaCourt of Appeals for the Tenth Circuit · 2013
53 more not listed; retrieve them via the Exa API.