Legal Opinion

Castaneda v. Souza

District Court, D. Massachusetts

Decided July 3, 2013No. Civil Action No. 13-10874-WGYPublishedCited by 15 opinions

1Opinion of the Court

*309 MEMORANDUM

YOUNG, District Judge.

I. INTRODUCTION

In this case, this Court determined that petitioner Leiticia Castaneda (“Castaneda”) did not fall within the scope of the mandatory detention provisions set forth at 8 U.S.C. section 1226(c). Castaneda, a native and citizen of Brazil, sought a writ of habeas corpus challenging .her detention by U.S. Immigration and Customs Enforcement (“ICE”) of the U.S. Department of Homeland Security. Castaneda claimed that her detention violated the law and her Fifth Amendment due process rights because she was being detained "without having received an…

2Cases cited20 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Rumsfeld v. PadillaSupreme Court of the United States · 2004
  3. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  4. Demore v. KimSupreme Court of the United States · 2003
  5. Maleng v. CookSupreme Court of the United States · 1989

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3Cited by15 opinions

  1. Castañeda v. SouzaCourt of Appeals for the First Circuit · 2015
  2. Araujo-Cortes v. ShanahanDistrict Court, S.D. New York · 2014
  3. Gordon v. LynchCourt of Appeals for the First Circuit · 2016
  4. Sanchez-Penunuri v. LongshoreDistrict Court, D. Colorado · 2013
  5. Straker v. JonesDistrict Court, S.D. New York · 2013

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