United States Third Circuit

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Castro v. US Department of Homeland, 16-1339

In an action brought by twenty-eight families who filed habeas petitions to prevent, or at least postpone, their expedited removal from the US, after being ordered expeditiously removed by the Department of Homeland Security (DHS) pursuant to its authority under section 235(b)(1) of the Immigration and Nationality Act (INA), 8 U.S.C. section 1225(b)(1), the District Court's dismissal of the petitions is affirmed where: 1) the District Court lacks jurisdiction to adjudicate the merits of the petitions under section 242 of the INA, 8 U.S.C. section 1252; and 2) at least as applied to petitioners and other similarly situated aliens, section 1252 does not violate the Suspension Clause.

Appellate Information

  • Decided
  • Published 2016/08/29

Judges

  • SMITH

Court

  • United States Third Circuit

Counsel

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