U.S. District Courts

U.S. Dist. Ct.: Padilla applies retroactively, but court’s admonishment can cure attorney’s deficient performance

A U.S. District Court judge in Texas recently applied Padilla v. Kentucky, 130 S. Ct. 1473 (2010), retroactively, but then went on to conclude that the noncitizen was not prejudiced because the court’s admonishment cured any deficient performance by her attorney. Marroquin v. United States, 2011 U.S. Dist. LEXIS 11406 (Feb. 4, 2011) (Crane, J.). The noncitizen in this case sought to vacate a conviction for transporting an alien entered prior to the Supreme Court’s issuance of Padilla. An Immigration Judge found that this conviction rendered her inadmissible as an “alien who [...]

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 [...]

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 [...]

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In an unpublished decision, the U.S. District Court for the District of New Jersey held that the Court may consider granting habeas relief to an individual detained by the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, [...]

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. [...]

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 § [...]