Carlos D.A. Santos v. Immigration and Naturalization Service
Carlos D.A. SANTOS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
Opinion
ORDER OF COURT The INS contends that the appropriate court in which to raise a constitutional or jurisdictional challenge to a deportation order is the court of appeals in the context of a petition for judicial review, rather than the district court in the context of a habeas petition. Consequently, the INS has moved for reconsideration of our April 17, 1997 order, which dismissed petitioner’s petition for judicial review for lack of jurisdiction, but left open the possibility that petitioner might be able to obtain some review through a habeas petition filed in the district. The INS’s position is foreclosed by our decision in Kolster v. INS, 101 F.3d 785 (1st Cir.1996).
The petition for rehearing is denied.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(rejecting INS claim that, after passage of IIRIRA, petition for review in court of appeals, rather than petition for a writ of habeas corpus, was the proper forum to raise a jurisdictional or constitutional challenge to an order of deportation)
Cited by 5 cases
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