Can Section 1252(b)(9) of the Civil Code apply to a claim that does not seek review of the order?

MultiRegion, United States of America

The following excerpt is from J. E. F.M. v. Whitaker, 908 F.3d 1157 (Mem) (9th Cir. 2018):

Section 1252(b)(9) is one of the "requirements" listed under 1252(b). In context and as a matter of plain language, it "appl[ies]" "[w]ith respect to review of an order of removal." So 1252(b)(9) does not apply before such an order has been entered, to a claim that does not seek review of such an order. "[W]hen deciding whether the language is plain, we must read the words in their context and with a view to their place in the overall statutory scheme." King v. Burwell , U.S. , 135 S.Ct. 2480, 2489, 192 L.Ed.2d 483 (2015) (quotation marks omitted). The panel opinion entirely ignores the introductory language in 1252(b) and so errs in interpreting 1252(b)(9) outside its statutory context.

Other Questions


Does Section 1915(g) of the Civil Code of Civil Procedure apply to a claim that was previously dismissed under Section 1915? (MultiRegion, United States of America)
Does Section 167(4) of the New York State Code of Civil Procedure apply to a plaintiff's claim under Section 167 of the Civil Rights Act? (MultiRegion, United States of America)
Does a court of appeal's rejection of an insufficiency of evidence claim under section 21 of the Civil Code of Civil Procedure apply to the federal courts? (MultiRegion, United States of America)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
What is the test for finding a finding in a motion seeking to apply section 2D1.1(b)(1) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Does Section 1915(g) of the Civil Code of Civil Procedure prohibit a plaintiff from bringing a claim in federal court where the claim was previously dismissed? (MultiRegion, United States of America)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
What is the test for judicial review of Section 1367(b) and (c) of the Civil Code of Civil Procedure in the context of a medical malpractice case? (MultiRegion, United States of America)
What is the test for a claim under section 2255(a) of the Civil Code of Civil Procedure to be successful in a civil case? (MultiRegion, United States of America)
Does Section 1252(b)(9) of the Civil Code of Civil Procedure apply to this court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.