Michael Chertoff
Judge Chertoff no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Chertoff decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires administrative consideration of a legally cognizable proposed social group before rejecting an asylum theory.
“We therefore remand this case to the BIA for consideration of these issues.”
Treats a state court's objectively unreasonable application of clearly established federal law as warranting habeas relief.
“We conclude that the writ should issue here.”
Procedural preferences
Will not permit federal bankruptcy proceedings to be reopened merely to supply an advisory interpretation for state litigation.
“A bankruptcy court- or any federal court should not provide advisory opinions for state court litigants.”
Limits compensatory civil-contempt awards to losses caused by the contempt rather than unrelated sanctionable conduct.
“Where, as here, we are not dealing with a coercive sanction, the contempt award must relate to the actual loss (including fees and expenses) that flowed from the contemnor’s violation.”
Cautions
Does not treat a Pennsylvania nolo contendere plea as an admission that the defendant committed the underlying crime.
“Under Pennsylvania law, “[a]lthough the effect of a plea of nolo contendere is equivalent to a plea of guilty, the import of the pleas is not the same. In pleading nolo contendere; the defendant does not admit his guilt, but merely consents to being punished as if he were guilty.””
Applies a demanding conscience-shocking standard to ordinary zoning and land-use disputes.
“The "irrational and wholly arbitrary" standard is doubtless difficult for a plaintiff to meet in a zoning dispute”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We will affirm based on Dia v. Ashcroft, 353 F.3d 228 (3d Cir.2003) (en banc).”
“We will therefore deny the petition.”
“For the foregoing reasons, we will affirm the BIA’s decision in part, and remand Muca’s petition for further consideration.”
“For the reasons set forth below, we will vacate both orders of the District and Bankruptcy Courts.”
“We will affirm the decision of the District Court.”
“For the reasons stated above, we will affirm the Magistrate Judge’s order granting defendant summary judgment.”
“For the reasons stated below, we will affirm the District Court’s judgment.”
“Accordingly, we will deny the petition for review.”
“Accordingly, the judgment of the District Court will be affirmed.”
“Accordingly, the judgment of the District Court will be affirmed.”
“For the foregoing reasons, we affirm the District Court’s grant of the motion to dismiss pursuant to Fed.R.Civ.P. 12(c).”
“For the reasons set forth, we -will affirm the judgment of conviction and sentence.”
A historical record
Judge Chertoff no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.