The Government, as respondent, applied to have certain orders in this case certified for interlocutory appeal pursuant to 28 U.S.C.S. § 1292(b). The petitioner requested that the court not only reject the government's application but also to enter an injunction directing in detail that the prior order granting petitioner access ...

Here the Court unanimously held that an ineffective-assistance-of-counsel claim may be brought in a collateral proceeding under 28 U.S.C. § 2255, whether or not the petitioner had first raised that claim on his direct appeal.

In this case the Supreme Court unanimously held that an ineffective-assistance-of-counsel claim may be brought ...

On remand from the Second Circuit Court of Appeals, the district court was ordered to clarify the basis for its ruling in light of specific case law. The action was brought by petitioner, a deported alien, seeking habeas corpus challenging the Board of Immigration Appeals (BIA) refusal of his request ...

Rosales-Garcia v. Holland, 322 F.3d 386 (6th Cir. 2003) (Judge Moore) (En banc)
Borrero v. Aljets, 325 F.3d 1003 (8th Cir. 2003) (Judge Wollman)

These two decisions present polar-opposite views of whether the Government can indefinitely detain inadmissible aliens who have been ordered deported but whose native countries will not ...

Here a sharply divided Court held that the indefinite detention of inadmissible aliens do not raise the same constitutional concerns as does the detention of admitted aliens so that 8 USC § 1231(a)(6) does not limit the INS authority to detain such aliens.

Rosales-Garcia v. Holland, 322 F.3d 386 (6th ...

There are a number of Federal statutes which are specifically designed to protect pension and retirement benefits from invasion (through remedies such as garnishments and attachments) - even where the pensioner himself has committed some type of fraud that has caused damages to third parties. Those statutes are generally referred ...

The appellant newspaper challenged the judgment of the United States District Court for the District of Massachusetts which denied its request to unseal the financial documents of the appellee criminal defendant submitted with his application for government funding of a portion of his attorneys' fees and costs under the Criminal ...

Here the Court declined to dismiss, on double jeopardy grounds, a criminal prosecution against a defendant for stealing two tubes if lipstick with a value of $7.28, after she had already paid substantial civil penalties for the same conduct.

This is one of those cases that encapsulates all that is ...

This is an interesting case involving the reversal of convictions based on the improper admission of tattoo evidence and evidence of prior convictions at a trial for unlawful possession of firearms by a felon. The defendant, Robert Thomas, was initially arrested by the Chicago police, who found a bag containing ...

Here the Court held that certain constraints imposed on the cross-examination of two government witnesses about the sentences they might have received unduly restricted a drug-distribution conspiracy defendant's ability to defend herself at trial.

The defendant in this case, Linda Lee Chandler, and three co-conspirators, were charged with a number ...