Legal Opinion

Mapp v. Reno

Court of Appeals for the Second Circuit

Decided February 23, 2001No. Docket No. 99-2735PublishedCited by 88 opinions

1Opinion of the Court

CALABRESI, Circuit Judge:

In this case, we are called upon to determine whether the federal courts have inherent authority to grant bail to habeas petitioners who are being detained by the Immigration and Naturalization Service. The INS argues that the “plenary power” enjoyed by Congress and the executive branch over immigration requires the utmost deference to the Attorney General’s decisions with respect to detention of aliens. Consequently, while the federal courts have inherent power to release on bail a habeas petitioner who challenges his detention after a criminal conviction, in the…

2Cases cited42 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Fiallo Ex Rel. Rodriguez v. BellSupreme Court of the United States · 1977
  3. Carlson v. LandonSupreme Court of the United States · 1952
  4. Wong Wing v. United StatesSupreme Court of the United States · 1896
  5. Franklin Henderson v. Immigration and Naturalization Service, Saul Navas v. Janet Reno, as Attorney General of the United States, Engin Yesil v. Janet Reno, Attorney General Doris Meissner, Commissioner of the Immigration and Naturalization Service Immigration and Naturalization Service John B.Z. Caplinger, District Director Nancy Hooks, Officer in Charge, Guillermo Mojica v. Janet Reno, as Attorney General of the United States, Saul Navas v. Janet Reno, as Attorney General of the United StatesCourt of Appeals for the Second Circuit · 1998

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3Cited by88 opinions

  1. Nadarajah v. GonzalesCourt of Appeals for the Ninth Circuit · 2006
  2. Mapp v. RenoCourt of Appeals for the Second Circuit · 2001
  3. Luna v. HolderCourt of Appeals for the Second Circuit · 2011
  4. Bolante v. KeislerCourt of Appeals for the Seventh Circuit · 2007
  5. Leslie v. HolderDistrict Court, M.D. Pennsylvania · 2012

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