Legal Opinion
Gorsira v. Chertoff
District Court, D. Connecticut
Decided April 11, 2005No. Civil Action 3:03cv1184 (SRU)PublishedCited by 4 opinions
1Opinion of the Court
RULING ON MOTION FOR RECONSIDERATION
UNDERHILL, District Judge.
On February 16, 2005, I granted Antonio Gorsira’s petition for a writ of habeas corpus. Because Gorsira — who had been convicted of a narcotics offense — appeared to be ineligible for judicial review of his final removal order under 8 U.S.C. § 1252(a)(2)(C), I held that “when a habe-as proceeding provides the only means by which a person can obtain judicial review of a nationality claim, section 1252(b)(5) does not bar consideration of a nationality claim raised in a habeas petition.” Gorsira v. Loy, 357 F.Supp.2d 453, 457-58…
2Cases cited11 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Odiri Nkofi Bagot v. John Ashcroft James Ziglar Kenneth ElwoodCourt of Appeals for the Third Circuit · 2005
- Sandia Malvoisin, Petitioner/respondent v. Immigration and Naturalization Service, Respondent/movantCourt of Appeals for the Second Circuit · 2001
- Luya Liu v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2002
- Calvin Anthony Brissett v. John Ashcroft, Attorney General of the United States, and Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
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3Cited by4 opinions
- Joseph Romero-Mendoza v. Eric H. Holder Jr.Court of Appeals for the Ninth Circuit · 2011
- Monte v. Ernst & Young LLPDistrict Court, S.D. New York · 2004
- ROWEBoard of Immigration Appeals · 2006
- Spaulding v. MayorkasDistrict Court, D. Connecticut · 2010