Padilla-Ramirez v. Bible’s Empirical Analysis
882 F.3d 826 · 2017
Citation profile
2 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 1291 · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1226 (§ 236 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on American Tobacco Co. v. Patterson · Zadvydas v. Davis · Department of the Interior and Bureau of Indian Affairss v. Klamath Water Users Protective Association · Castellano-Chacon v. Immigration & Naturalization Service · Lanza v. Ashcroft
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Second Circuit is correct that only an agency action marking "the consummation of the agency's decisionmaking process" qualifies as final agency action. But its conclusion that no such consummation exists while withholding-only proceedings are ongoing again misunderstands the decision at stake in those proceedings. The agency already decided that Padilla-Ramirez "is to be removed from the United States," 8 U.S.C. § 1226 (a), and a different, more limited decision is now pending in his withholding-only proceedings-namely, whether he may be removed to El Salvador. The agency has consummated its decision-making regarding the first issue, but not the second. It therefore is consonant with settled administrative legal principles to hold that Padilla-Ramirez's reinstated removal order (i.e., the agency's decision that he "is to be removed from the United States," id. ) is final for detention purposes even though it lacks finality for purposes of judicial review of his withholding-only claim.”
1 later decision quote this exact passage · from the majority“). Accordingly, we hold that a reinstated order of removal against an alien who has initiated withholding-only proceedings is administratively final. 6 Therefore, just as we elect to follow Padilla-Ramirez , we concurrently decline to follow Guerra . In Guerra , the Second Circuit found that § 1226(a) governs because, although an alien subject to a reinstated removal order is clearly removable, the”
1 later decision quote this exact passage · from the majority“The fact that [an alien] may seek further withholding relief if he prevails on his present application does not change this conclusion since the pending decision in such hypothetical proceedings always will be whether he can be removed to a particular country, which does not implicate section 1226(a).”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.