Santos v. INS
This text of Santos v. INS (Santos v. INS) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
No. 97-1428
CARLOS D. A. SANTOS, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Before Torruella, Chief Judge,
Stahl and Lynch, Circuit Judges.
ORDER OF COURT
Entered August 28, 1997
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 court. 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.
By the Court
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Santos v. INS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santos-v-ins-ca1-1997.