Castro v. United States Department of Homeland Security
United States Court of Appeals for the Third Circuit
835 F.3d 422 (2016)
- Written by Eric DiVito, JD
Facts
Twenty-eight families (plaintiffs) who were natives and citizens of various South American countries were caught and detained shortly after entering the United States. None of the individuals had been in the United States more than six hours, and none was more than four miles from the border when he or she was apprehended. None of the families presented immigration papers or claimed to have been previously admitted into the United States. Upon their apprehension, the families claimed that they feared persecution or torture if returned to their native countries. An asylum officer performed credible-fear interviews with each of the individuals seeking asylum. Each individual received a negative credible-fear determination. Upon request, an immigration judge reviewed the determination and upheld the asylum officer’s conclusions. The families were referred to the Department of Homeland Security (DHS) (defendant) for expedited removal. The families filed habeas petitions with the district court. The district court dismissed the petitions on the basis that the court lacked subject-matter jurisdiction.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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