Legal Opinion

Latu v. Ashcroft

Court of Appeals for the Tenth Circuit

Decided July 12, 2004No. 03-1215PublishedCited by 21 opinions

1Opinion of the Court

McKAY, Circuit Judge.

Petitioner Isileli Niuakiku Latu appeals from the district court’s decision to deny his habeas corpus petition brought under 28 U.S.C. § 2241. We conclude that habe-as proceedings do not embrace review of the exercise of the attorney general’s discretion in criminal alien cases; that Mr. Latu received due process throughout his removal proceedings; and that 8 U.S.C. § 1182(h) is not facially unconstitutional. We therefore dismiss in part and affirm in part. 1

1. Summary of facts and proceedings

Mr. Latu, a native of Tonga, was admitted to the United States as a permanent…

2Cases cited37 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  3. Fiallo Ex Rel. Rodriguez v. BellSupreme Court of the United States · 1977
  4. Gary Laguerre v. Janet Reno, Jose, Martin Avelar-Cruz v. Janet RenoCourt of Appeals for the Seventh Circuit · 1999
  5. Calcano-Martinez v. Immigration & Naturalization ServiceSupreme Court of the United States · 2001

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3Cited by21 opinions

  1. Soberanes v. ComfortCourt of Appeals for the Tenth Circuit · 2004
  2. Petrella ex rel. N.P. v. BrownbackCourt of Appeals for the Tenth Circuit · 2012
  3. Torres De La Cruz v. MaurerCourt of Appeals for the Tenth Circuit · 2007
  4. Berrum-Garcia v. ComfortCourt of Appeals for the Tenth Circuit · 2004
  5. Schroeck v. AshcroftCourt of Appeals for the Tenth Circuit · 2005

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