Legal Opinion · Dissent

Jesus Lopez Silva v. United States

Court of Appeals for the Eighth Circuit

Decided August 9, 2017No. 16-1870Published

1DissentKelly, Circuit Judge

The Supreme , Court has rejected the “unexamined assumption that § 1252(g) covers the universe of deportation claims—that it is sort of a ‘zipper’ clause that says ‘no, judicial review in deportation cases .unless this section provides judicial review.’ ” AADC, 525 U.S. at 482, 119 S.Ct. 936. Instead, § 1252(g) is “much narrower,” and strips federal courts of jurisdiction only over claims arising from “three discrete actions that the Attorney General may take: her ‘decision or action’ to ‘commence proceedings, adjudicate cases, or execute removal orders.’” Id. (quoting 8 U.S.C. §…

2Cases cited5 opinions

  1. Nken v. HolderSupreme Court of the United States · 2009
  2. Reno v. American-Arab Anti-Discrimination CommitteeSupreme Court of the United States · 1999
  3. Garcia v. Attorney General of USCourt of Appeals for the Third Circuit · 2009
  4. Pupi White v. Immigration and Naturalization ServiceCourt of Appeals for the Eighth Circuit · 1993
  5. Partida v. United States Department of JusticeCourt of Appeals for the Ninth Circuit · 2017

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