Legal Opinion

Thoung v. United States

Court of Appeals for the Tenth Circuit

Decided January 22, 2019No. 17-3220PublishedCited by 20 opinions

1Opinion of the Court

TYMKOVICH, Chief Judge.

Lina Thoung illegally entered the United States in 2002. After the government learned of her illegal status, she jointly stipulated to a removal order after pleading guilty in district court to document fraud. But deportation proceedings never *1001occurred. Five years later, she filed a writ of habeas corpus with the district court alleging the court had lacked subject-matter jurisdiction to enter its order of removal. The district court reaffirmed its jurisdiction to order removal and rejected Thoung's habeas petition.

We hold that, because of the REAL ID Act's limitations…

2Cases cited14 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Swain v. PressleySupreme Court of the United States · 1977
  3. Miller v. MarrCourt of Appeals for the Tenth Circuit · 1998
  4. Rio Grande Silvery Minnow v. Bureau of ReclamationCourt of Appeals for the Tenth Circuit · 2010
  5. Andrade v. GonzalesCourt of Appeals for the Fifth Circuit · 2006

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. United States v. Gonzalez-FierroCourt of Appeals for the Tenth Circuit · 2020
  2. Carlos Loza Villacana v. Department of Homeland SecurityDistrict Court, W.D. Wisconsin · 2026
  3. German Corrales-Gonzalez v. Department of Homeland SecurityDistrict Court, W.D. Wisconsin · 2026
  4. Hamilton v. Northfield Insurance CompanyCourt of Appeals for the Tenth Circuit · 2020
  5. Hernandez (ID 95438) v. MeyerDistrict Court, D. Kansas · 2022

15 more not listed; retrieve them via the Exa API.

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