United States First Circuit

A non-citizen trying to avoid removal from the U.S. states no substantive due process claim on a state-created danger theory, hence there is no possible claim that the REAL ID Act violates the Suspension Clause.

Appellate Information

• Decided 02/13/2006
• Published 02/21/2006

Judges

• LYNCH, Circuit Judge., Before LYNCH and HOWARD, Circuit Judges, and CAMPBELL, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert B. Carmel-Montes and Morton Sklar of the World Organization for Human Rights USA, with whom The Carmel Law Group was on brief, for petitioner.


• For Appellees:
  
• Andrew C. MacLachlan, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, and David V. Bernal, Assistant Director, were on brief, for respondent.