Legal Opinion
Luna-Garcia v. Holder
Court of Appeals for the Tenth Circuit
Decided February 10, 2015No. 14-9569PublishedCited by 33 opinions
1Opinion of the Court
ORDER
Melida Teresa Luna-Garda petitions for review of an order of removal that was reinstated by the Department of Homeland Security (DHS) on July 11, 2014. During the reinstatement process, Luna-Garcia expressed fear that she would be harmed if returned to her home country, and she was referred to an asylum officer for a reasonable fear hearing. The government has moved to dismiss the petition for review for lack of jurisdiction, arguing that the ongoing reasonable fear proceedings render the reinstated removal order nonfinal. For her part, Luna-Garcia agrees that the reinstated removal…
2Cases cited18 opinions
- Bennett v. SpearSupreme Court of the United States · 1997
- Catlin v. United StatesSupreme Court of the United States · 1945
- Sackett v. Environmental Protection AgencySupreme Court of the United States · 2012
- Garcia-Villeda v. MukaseyCourt of Appeals for the Second Circuit · 2008
- Yusupov v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2008
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3Cited by33 opinions
- Rafael Guerrero-Sanchez v. Warden York County PrisonCourt of Appeals for the Third Circuit · 2018
- Padilla-Ramirez v. BibleCourt of Appeals for the Ninth Circuit · 2017
- Bhaktibhai-Patel v. GarlandCourt of Appeals for the Second Circuit · 2022
- Dino Jimenez-Morales v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2016
- Guerra v. ShanahanCourt of Appeals for the Second Circuit · 2016
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