Carlos Soler v. Roger F. Scott, Warden, Fci-Safford, Az United States Bureau of Prisons U.S. Immigration and Naturalization Service (1991)

green · 123 citation events across 22 courts. Showing the 50 strongest citers on record (one row per citing case, strongest signal kept).

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Treatment trajectory · 1991 → 2026 · click a year to view the case as of then

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green Montoya v. United States (1994)

Quote Authority · 1st Cir. · signal: see · 3 citations in this opinion

See 942 F.2d at 604-05 ("a petitioner who has ___ alleged a cause of action under the APA or the Mandamus Act need not rely upon an implied private right of action under any other statute"). -5- 5 F. Supp. 696, 697 (D.

"a petitioner who has ___ alleged a cause of action under the APA or the Mandamus Act need not rely upon an implied private right of action under any other statute"

green Rodolfo Hernandez-Avalos v. Immigration and Naturalization Service (1995)

Rule Authority · 10th Cir. · 2 citations in this opinion

The two statutes are, after all, merely different means of “compelling an agency to take action which by law it is required to take.” Soler v. Scott, 942 F.2d 597, 605 (9th Cir.) vacated sub nom.

green Jose Fabela Martinez v. W.C. Wells, Warden, and U.S. Immigration and Naturalization Service (1992)

Rule Authority · 9th Cir. · 2 citations in this opinion

Soler alleged 9 "the INS has a long-standing policy of refusing to begin any deportation proceedings until after release from [Bureau of Prisons] custody[ ]".... 10 Soler further alleged that due to the INS' policy he will be forced to remain in prison beyond the expiration of his term while waiting for the INS to decide whether he should be deported: "By delaying actual [deportation] proceedings until after the incarceration for Petitioner's criminal conviction," Soler alle…

footnote added

green Roberto M. Cervantes v. A.D. Moyer, District Director of the Immigration and Naturalization Service, R.E. Hol… (1996)

Rule Authority · 7th Cir.

Upon consideration of that statement, the briefs, and the record, the request for oral argument is denied and the appeal is submitted on the briefs and the record 1 Cervantes asserts on appeal that he "relies entirely" upon the decision of the Ninth Circuit in Soler v. Scott, 942 F.2d 597, 604-05 (9th Cir.1991), in which the court ruled that mandamus was appropriate and held that "a petitioner who has alleged a cause of action under the [Administrative Procedure Act] or the …

green Edmundo M. Campos v. Immigration and Naturalization Service (1995)

Rule Authority · 9th Cir. · signal: cf.

See Silveyra v. Moschorack, 989 F.2d 1012 , 1014 n. 1 (9th Cir.1993); cf. Soler v. Scott, 942 F.2d 597, 605 (9th Cir.1991), vacated as moot sub nom.

green Marcus Steve Galliano v. U.S. Immigration and Naturalization Service, and Clifton E. Floyd, Warden (1994)

Rule Authority · 9th Cir.

See Silveyra v. Moschorak, 989 F.2d 1012, 1014-15 (9th Cir.1993); Soler v. Scott, 942 F.2d 597, 603 (9th Cir.1991), vacated as moot sub nom Sivley v. Soler, 113 S.Ct. 454 (1992).

green Ariu T. Niu v. U.S. Immigration and Naturalization Service (1992)

Rule Authority · 9th Cir.

While this court has held that section 1252(i), calling for the institution of deportation proceedings "as expeditiously as possible after the date of conviction," permits an alien to bring an action to require commencement of a deportation proceeding, see Soler v. Scott, 942 F.2d 597, 601 (9th Cir.1991), we have never held that a delay in commencement of deportation proceedings after a conviction is a defense to the deportation. 7 The petitioner attempts to invoke the princ…

green Abreu v. United States (1992)

Rule Authority · D.R.I. · 5 citations in this opinion

This does not mean an official’s conduct is unreviewable because the official’s responsibilities are in some respects discretionary.” Soler, 942 F.2d at 602 (citations omitted).

citations omitted

green Fadare v. Reno (1993)

Rule Authority · E.D.N.Y · 2 citations in this opinion

In Soler v. Scott, 942 F.2d 597, 600 (9th Cir.1991), vacated as moot, — U.S. -, 113 S.Ct. 454 , 121 L.Ed.2d 364 (1992), Judge Browning set out concisely the “single objective” that Congress sought to accomplish by the enactment of Section 701: Congress enacted Section 701 ... to require the INS to abandon its practice of postponing prisoner deportation hearings until after the expiration of a prisoner’s sentence.

green Hasan Mohammed Albalwah v. Joseph B. Edlow; Kristi Noem; Kashyap Patel; and Pamela Bondi (2025)

Rule Authority · D. Colo.

Indeed, the duty of timeliness placed on Defendants, which Plaintiff seeks a writ of mandamus to enforce, arises out of the APA. [See #1 at ¶ 29] The APA and the Mandamus Act are “different means of ‘compelling an agency to take action which by law it is required to take.’” Hernandez-Avalos v. INS, 50 F.3d 842, 844 (10th Cir. 1996) (quoting Soler v. Scott, 942 F.2d 597, 605 (9th Cir.)).

green Lowry v. Commissioner, Social Security Administration (2001)

Rule Authority · D. Or.

“Mandamus may not be used to instruct an official how to exercise discretion.” Soler v. Scott, 942 F.2d 597, 602 (9th Cir.1991), vacated on other grounds, 506 U.S. 969 , 113 S.Ct. 454 , 121 L.Ed.2d 364 (1992).

green Oregon Natural Resources Council Action v. United States Forest Service (1999)

Rule Authority · W.D. Wash.

Bennett, 520 U.S. at 163 , 117 S.Ct. 1154 (citing Association of Data Processing Service Orgs., Inc. v. Camp, 397 U.S. 150, 153 , 90 S.Ct. 827 , 25 L.Ed.2d 184 (1970)); see also, Churchill County, 150 F.3d at 1078 ; Soler v. Scott, 942 F.2d 597, 605 (9th Cir.1991), vacated on other grounds, 506 U.S. 969 , 113 S.Ct. 454 , 121 L.Ed.2d 364 (1992) (stating that the zone of interests test “is not meant to be especially demanding”).

green Defenders of Wildlife v. Browner (1995)

Rule Authority · D. Ariz.

Soler v. Scott, 942 F.2d 597, 603 (9th Cir.1991), vacated on other grounds, Sivley v. Soler, 506 U.S. 969 , 113 S.Ct. 454 , 121 L.Ed.2d 364 (1992). 2.

green Jose Sanchez G. v. United States Immigration & Naturalization Service (1995)

Rule Authority · D.P.R.

In Soler v. Scott, 942 F.2d 597 (9th Cir.1991), the Court of Appeals for the Ninth Circuit rejected the Gonzalez approach, concluding that, “a petitioner who has alleged a cause of action under the APA or the Mandamus Act need not rely upon an implied private right of action under any other statute.” Id. at 604-605. 2 Relying on language from Japan Whaling Ass’n v. American Cetacean Soc., 478 U.S. 221 , 231 n. 4, 106 S.Ct. 2860 , 2866 n. 4, 92 L.Ed.2d 166 (1986), the Court r…

green Idaho Farm Bureau Federation v. Babbitt (1995)

Rule Authority · D. Idaho

Although this “zone of *1355 interests” requirement “is not meant to be especially demanding,” Soler v. Scott, 942 F.2d 597, 605 (9th Cir.1991), vacated on other grounds, — U.S. -, 113 S.Ct. 454 , 121 L.Ed.2d 364 (1992), the interest Plaintiffs seek to vindicate must at least have ‘“a plausible relationship to the policies’ underlying the statute.” Id. (quoting Clarke v. Securities Indus.

green Gonzalez v. United States (1995)

Rule Authority · D.P.R.

In Soler v. Scott, 942 F.2d 597 (9th Cir. 1991), the Court of Appeals for the Ninth Circuit rejected the González approach, concluding that, “a petitioner who has alleged a cause of action under the APA or the Mandamus Act need not rely upon an implied private right of action under any other statute.” Id. at 604-05. 2 Relying on language from Japan Whaling Ass’n v. American Cetacean Soc., 478 U.S. 221 , 231 n. 4, 106 S.Ct. 2860 , 2867 n. 4, 92 L.Ed.2d 166 (1986), the Court r…

green Nwankwo v. Reno (1993)

Rule Authority · E.D.N.Y

Section 701 directs the Attorney General to “begin any deportation proceeding as expeditiously as possible after the date of conviction.” In Soler v. Scott, 942 F.2d 597, 600 (9th Cir.1991), vacated as moot, — U.S. -, 113 S.Ct. 454 , 121 L.Ed.2d 364 (1992), Judge Browning set out concisely the “single objective” that Congress sought to accomplish by the enactment of Section 701: Congress enacted Section 701 ... to require the INS to abandon its practice of postponing prisone…

green Iheme v. Reno (1993)

Rule Authority · E.D.N.Y

green United States v. Restrepo (1992)

Rule Authority · E.D.N.Y

While the lodging of the detainer has no effect on the PSF classification, it will require further incarceration of the defendant in an INS detention facility while he awaits deportation proceedings that should have been undertaken while he was serving his prison sentence. 3 See Soler v. Scott, 942 F.2d 597, 600-01 (9th Cir.1991), petition for cert. filed, (July 8, 1992); Letter from Arthur C.

green Medina v. United States (1992)

Rule Authority · E.D. Pa.

Soler v. Scott, 942 F.2d 597, 606 (9th Cir.1991) (Rymer, J., dissenting).

green Valencia Gonzalez v. Moran (2024)