United States Ninth Circuit

In an immigration dispute involving the proper procedure for challenging a Casas bond determination, judgment of the district court is reversed where petitioner has not exhausted his adminstrative remedies because, once an alien has received a Casas bond hearing before an immigration judge, he may appeal the judge's decision to the BIA. If the alien is dissatisfied with the BIA’s decision, he may then file a habeas petition in the district court challenging his continued detention. The district court’s decision on the habeas petition may only then be properly appealed to the Court.

Appellate Information

• Decided 05/13/2011
• Published 05/13/2011

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel