Legal Opinion
Shirkhani v. Greene
District Court, D. Colorado
Decided May 19, 1992No. Civ. A. No. 92-B-809PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BABCOCK, District Judge.
Respondent moves for reconsideration of my May 12, 1992 order granting petitioner habeas corpus relief. • Respondent also moves for a stay of execution pending review of this motion. The issues are adequately briefed and oral argument will not materially aid their resolution. Because appeal to the Board of Immigration Appeals (BIA) was not reasonably available in this case, petitioner’s alleged failure to exhaust his administrative remedies does not deprive me of jurisdiction. Further, in an habeas corpus action challenging INS detention of…
2Cases cited10 opinions
- Carlson v. LandonSupreme Court of the United States · 1952
- United States of America Ex Rel. Mamdouh Barbour v. District Director of the Immigration and Naturalization Service, San Antonio, Texas, Etc.Court of Appeals for the Fifth Circuit · 1974
- United States Ex Rel. Yaris v. Esperdy, Acting District Director of the Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1953
- National Center for Immigrants' Rights, Inc. v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1986
- Doherty v. MeeseCourt of Appeals for the Second Circuit · 1986
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Spokane Tribe of Indians v. Washington StateCourt of Appeals for the Ninth Circuit · 1994