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The Great Writ’s Elusive Promise

By Mary Holper In two recent cases, Reid v. Donelan and Brito v. Barr, a federal court in Massachusetts limited ICE’s power to detain people. But by requiring detained immigrants to file habeas corpus petitions to get a bond hearing in immigration court, Chief Judge Saris of the District Court for the District of Massachusetts undercut the strength of her own clear-sighted analysis. Reid and Brito are both class actions challenging immigration detention. For Reid class members, they must file a habeas corpus petition arguing that their detention under a 1996 mandatory detention statute, [...]

Posted by César on January 21, 2020 on 4:00 am Leave a Comment
Filed Under: bond, burden, guest blogger, habeas, imprisonment, mandatory detention, U.S. District Courts

Jennings v. Rodriguez highlights need for detention time limits

Justine N. Stefanelli The US Supreme Court’s decision in Jennings v. Rodriguez, 583 U.S. ___ (2018) (slip opinion), denying bail hearings to thousands of detainees is a serious blow to the rule of law. Detaining categories of people without regard to their individual circumstances is an arbitrary interference with the right to liberty and, at the very least, should be accompanied by procedural safeguards. The most obvious of these is a temporal limit on immigration detention. However, US immigration law provides no maximum. The closest the law has come is the setting of a presumptively [...]

Posted by César on March 16, 2018 on 12:30 am Leave a Comment
Filed Under: 9th Circuit Court of Appeals, bond, Due Process Clause, Europe, guest blogger, habeas, imprisonment, mandatory detention, U.S. Supreme Court

Fed govt misrepresentations about detention data matter

Last week we learned that the federal government provided the Supreme Court with bad data about the length of time migrants remain in detention. When? In 2002 as the Court geared up to consider what has become an enormously important decision, Demore v. Kim, 538 U.S. 510 (2002). In Demore, the Court held that the Immigration and Nationality Act’s so-called mandatory detention provision, § 236(c), is constitutionally permissible. For fourteen years, lower courts have dutifully followed the Court’s instruction. Now we know that the Court’s reasoning turned on wrong statistics. In its 2002 [...]

Posted by César on September 8, 2016 on 4:00 am Leave a Comment
Filed Under: 5th Amendment, bond, Due Process Clause, habeas, imprisonment, U.S. Supreme Court

A Light at the End of A Long, Dark Tunnel: The Second Circuit’s Limit on Indefinite Detention in Lora v. Shanahan

By Alina Das Every day, tens of thousands of immigrants experience immigration detention as punishment. Although characterized in law as “civil”, “non-punitive”, and “administrative” in nature, immigration detention presents all the hallmarks of punishment—immigrants are routinely locked up in county jails or private prisons, many miles away (and too often across state lines) from their families and communities, forced to wear prison uniforms, shackled when they appear in court, at the mercy of the jail or prison guards with respect to their ability to seek medical care and myriad other [...]

Posted by César on November 5, 2015 on 4:00 am Leave a Comment
Filed Under: 2d Circuit Court of Appeals, bond, guest blogger, habeas, imprisonment, mandatory detention

US Dist Ct: Mandatory detention presumptively unreasonable after 6 months

The federal government may invoke the INA’s mandatory detention provision, INA § 236(c), to keep individuals in removal proceedings locked up without bringing them before an immigration judge for a bond hearing. After that, the U.S. District Court for the District of Massachusetts concluded, immigration officials must provide detainees with bond hearings. Reid v. Donelan, No. 13-cv-30125-MAP, slip op. (D. Mass. Jan. 9, 2014) (Ponsor, J.). This case involved an LPR detained for 14 months by the time the court issued its order in January. During this time, he lost a claim for protection under [...]

Posted by César on January 16, 2014 on 9:00 am 2 Comments
Filed Under: bond, habeas, imprisonment, mandatory detention, U.S. District Courts

TX Appellate Ct: When is deportation consequence “truly clear” for Padilla?

By Jorge G. Aristotelidis In 1997, Isabel Rodriguez Campos, a legal permanent resident (LPR), was arrested for misdemeanor theft (involving $50.00-$500.00), and for prostitution, both classified as Class B misdemeanors in Texas. She soon met her court appointed counsel who, aware of her immigration status, recommended that she plead guilty to both offenses, and received a probated sentence that was later revoked to a term of 60 days in jail. Years later, Ms. Rodriguez discovered that as a result of her two convictions, she is deportable, albeit with the possibility of discretionary relief [...]

Posted by César on January 14, 2014 on 9:00 am 11 Comments
Filed Under: guest blogger, habeas, Padilla v. Kentucky, post-conviction relief, right to counsel, state court, Texas state court

Tx Ct Crim App: Right to counsel properly waived despite not being told about deportation possibility

The Court of Criminal Appeals of Texas, the state’s highest criminal court, held that a person who waived his right to an attorney in a misdemeanor drug possession prosecution did not do so impermissibly despite not having been told that he might be deportable upon conviction. State v. Guerrero, No. PD-1258-12, slip op. (Tex. Crim. App. June 5, 2013) (Cochran, Keller, Price, Womack, Johnson, Keasler, Hervey, and Alcala, JJ.). Judge Cochran wrote the court’s opinion. This case presents like the picture of interior immigration enforcement in the age of crImmigration law. The defendant entered [...]

Posted by César on July 16, 2013 on 9:00 am 14 Comments
Filed Under: § 212(c), cancellation of removal, conviction, habeas, local immigration policing, Padilla v. Kentucky, post-conviction relief, state court, stop-time rule, Texas state court, waiver

SCOTUS: Padilla not retroactive

The U.S. Supreme Court announced today that Padilla v. Kentucky, 130 S. Ct. 1473 (2010), does not apply retroactively. Chaidez v. United States, No. 11-820 (U.S. Feb. 20, 2013). The Court’s decision in Chaidez means that noncitizens convicted prior to March 31, 2010 who received ineffective assistance of counsel because they were not properly advised about the immigration consequences of conviction can’t challenge those convictions. In effect, untold numbers of people will suffer the consequences of unconstitutional convictions. (A detailed discussion of Chaidez is available here at [...]

Posted by César on February 20, 2013 on 5:01 pm 21 Comments
Filed Under: Chaidez, commentaries, guest blogger, habeas, Padilla v. Kentucky, post-conviction relief, right to counsel, Scholars Sidebar, Symposium, U.S. Supreme Court

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