Legal Opinion

Castro v. U.S. Department of Homeland Security

District Court, E.D. Pennsylvania

Decided February 16, 2016No. Civ. No. 15-6153PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM

Diamond, District Judge

Petitioners — twenty-nine Central American women and their thirty-five minor children — were seized by the Department of Homeland Security within minutes of their illegal entry into the United States. Acting pursuant to the Immigration and Naturalization Act, DHS ordered their “expedited removal” after finding that none had a “credible fear” of torture or persecution upon return to Central America. See 8 U.S.C. § 1225(b)(1). Seeking habeas relief, Petitioners argue that the Act’s credible fear evaluation process is inadequate, resulting in erroneous negative…

2Cases cited79 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  4. United States v. SalernoSupreme Court of the United States · 1987
  5. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001

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3Cited by4 opinions

  1. Wendy Osorio Martinez v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2018
  2. AL Otro Lado, Inc. v. NielsenDistrict Court, S.D. California · 2018
  3. Thuraissigiam v. U.S. Dep't of Homeland Sec.District Court, S.D. California · 2018
  4. Wendy Osorio Martinez v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2018

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