Michael Chertoff
How Judge Chertoff rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Chertoff no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Chertoff
Michael Chertoff was a judge of the United States Court of Appeals for the Third Circuit. Appointed by President George W. Bush, Judge Chertoff received a commission on June 10, 2003. Judge Chertoff resigned on February 15, 2005.
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
In Zisholtz v. Goldstein, Chertoff vacated orders that reopened bankruptcy proceedings to provide an advisory interpretation for parties litigating in state court.
“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.’”
In Eichenlaub, he upheld dismissal of a substantive due process claim arising from a zoning dispute under the shocks-the-conscience standard.
“The District Court properly held, and the Eichenlaubs do not dispute, that whether a zoning official's actions or inactions violate due process is determined by utilizing a ‘shocks the conscience’ test.”
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 sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.