Case Citator › Diop v. ICE/Homeland Security

Diop v. ICE/Homeland Security

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Third Circuit
Citation
656 F.3d 221
Decided
Confirmed treatments
1
Flagged citations read
97 of 97
Citing cases (total)
232
Treatment dates
2018
Overruled in part
A reviewed court has overruled part of this case’s holding. Diop v. ICE/Homeland Security was overruled in part: its interpretation of 8 U.S.C. § 1226(c) as containing an implicit limit on the length of mandatory detention cannot be relied on. Jennings v. Rodriguez rejected that statutory limit; the Third Circuit expressly recognized the overruling in Borbot v. Warden Hudson County Correctional Facility.
More on how this was screened

Diop's separate holding that unreasonably prolonged detention may violate due process remains in force. All 97 flagged citations have been read; the one confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

232 later cases cite Diop v. ICE/Homeland Security; 97 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Diop v. ICE/Homeland Security?

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Treatments

Overruled in part

  • The Supreme Court rejected Diop's interpretation of § 1226(c) as implicitly limiting the length of mandatory immigration detention.

    Jennings v. Rodriguez · Supreme Court of the United States · filed

    Like §1225(b), §1226(c) does not on its face limit the length of the detention it authorizes.
    Read the full opinion on CourtListener →

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