crimmigration.com

The intersection of criminal law and immigration law

  • Home
  • About César
  • Articles
  • Books
  • Talks & Media

U.S. Dist. Court: Can’t sue DHS for abuse in immigration prison; Iqbal is obstacle for suing ICE officials

In lawsuits stemming from what the U.S. District Court for the Northern District of California described as “a horrifying sequence of events regarding their treatment while in custody for immigration violations,” the court dismissed tort claims against DHS and individual federal officials. Baires v. United States, No. C-09-5171-CRB, 2010 WL 3515749 (N.D. Cal. Sept. 8, 2010) (Breyer). This case, though only tangentially related to crimmigration issues, provides a frightening glimpse into the atrocities that sometimes occur in immigration prisons. According to the court’s order Juan Carlos [...]

Posted by César on October 1, 2010 on 10:20 am 1 Comment
Filed Under: U.S. District Courts

NY Fed. District Court: Mandatory detention statute has its limits

In a Memorandum and Order issued last week, the U.S. District Court for the Southern District of New York concluded that a person who is mandatorily detained under INA § 236(c) is entitled to an individualized bond hearing if removal is not likely in the reasonably foreseeable future. Monestime v. Reilly, No. 10 Civ. 1374 (WHP), slip op. (S.D.N.Y. April 9, 2010). Judge William H. Pauley III issued this order. Patrick Monestime, a Haitian citizen detained by ICE since August 6, 2009 requested habeas relief in light of the fact that the federal government has ceased all deportations to Haiti as [...]

Posted by César on April 14, 2010 on 10:57 pm 9 Comments
Filed Under: mandatory detention, U.S. District Courts

NJ Fed. District Court: Mandatory detention under § 236(c) has its limits

In an unpublished decision, the U.S. District Court for the District of New Jersey held that the Court may consider granting habeas relief to an individual detained by the Department of Homeland Security under the INA’s mandatory detention provision. Akinola v. Weber, No. 09-3415, slip op. (D.N.J. Jan. 26, 2010). Judge William J. Martini issued the opinion and order. This case involved a non-citizen held by DHS pending removal proceedings. Akinola, No. 09-3415, slip op. at 1. Akinola was subject to mandatory detention under INA § 236(c) due to several criminal convictions. Akinola v. Weber, [...]

Posted by César on February 17, 2010 on 10:00 am 7 Comments
Filed Under: mandatory detention, U.S. District Courts

U.S. District Court: Mandatory detention provision does not apply if released from custody for removable offense before October 9, 1998

In an order released earlier this week, a judge in the U.S. District Court for the District of Arizona held that the INA's mandatory detention provision, INA § 236(c), does not apply to offenses committed before October 1, 1998. Ortiz v. Napolitano, No. CV 009-0045-PHX-MHM, slip op. (D. Az. Oct. 19, 2009) (Murguia). As a result, DHS cannot rely on the mandatory detention provision to keep people detained who were released from custody for the removable offense prior to October 1, 1998 even if they were later detained for a non-removable offense. Ortiz, No. CV 009-0045-PHX-MHM, slip op. [...]

Posted by César on October 26, 2009 on 8:03 am 6 Comments
Filed Under: mandatory detention, U.S. District Courts

Penn. federal district court: Mandatory detention statute can’t be used to detain people indefinitely

In an order issued earlier this week, Judge John E. Jones III of the U.S. District Court for the Middle District of Pennsylvania held that the mandatory detention statute, INA § 236(c), 8 U.S.C. § 1226(c), does not allow DHS to detain individuals indefinitely without a bond hearing. Alli v. Decker, No. 4:09-CV-0698, slip op. (Aug. 10, 2009). The two individuals in this case had been detained for 9 and 20 months respectively. Alli v. Decker, No. 4:09-CV-0698, slip op. at 2.After considering in detail Demore v. Kim, 538 U.S. 510 (2003), in which the Supreme Court held that INA § [...]

Posted by César on August 13, 2009 on 3:54 pm 240 Comments
Filed Under: U.S. District Courts

  • « Previous Page
  • 1
  • …
  • 3
  • 4
  • 5

Subscribe


Recent Posts

  • Supreme Court says Biden can end MPP
  • Uvalde massacre & immigration law aid
  • Mistakes aren’t reviewable, Supreme Court says
  • ICE prosecutorial discretion guidance
  • Supreme Court again considers ICE’s detention powers
  • Troubled contractor gets $180 million to hold young migrants

Search

Social Media

Blawg 100 Honoree

The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.