Legal Opinion
Rivera v. Ashcroft
Court of Appeals for the Ninth Circuit
Decided October 18, 2004No. 03-35548PublishedCited by 5 opinions
1Opinion of the Court
FERGUSON, Circuit Judge:
Salvador Rivera, a.k.a. Salvador Galvan-Gaspar, (hereinafter “Rivera”) appeals the District Court’s denial of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. Rivera alleges that,he is a United States citizen who was wrongly removed to Mexico, that his Due Process rights were violated during removal proceedings before Immigration Judge Anna Ho, and that he is entitled to a declaration by the District Court that he is a United States citizen. We find that the District Court has jurisdiction to hear Rivera’s citizenship claim and remand for further proceedings.
F…
2Cases cited18 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Trop v. DullesSupreme Court of the United States · 1958
- Chun He Li v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Ng Fung Ho v. WhiteSupreme Court of the United States · 1922
- United States v. Wong Kim ArkSupreme Court of the United States · 1898
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3Cited by5 opinions
- Galina Ivanovna Smolniakova v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Lyttle v. United StatesDistrict Court, M.D. Georgia · 2012
- Carrillo v. AshcroftCourt of Appeals for the Ninth Circuit · 2004
- Rivera v. AshcroftCourt of Appeals for the Ninth Circuit · 2005
- Smolniakova v. GonzalesCourt of Appeals for the Ninth Circuit · 2005