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U.S. v. Martin, No. 12-5001 (4th Cir.) (753 F.3d 485) (June 5, 2014) (Judge William B. Jr. Traxler)

Article • June 23, 2014 • from P&J June, 2014

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Martin, No. 12-5001 (4th Cir.) (753 F.3d 485) (June 5, 2014) (Judge William B. Jr. Traxler) by Perhaps no phrase used in the Guidelines has created more uncertainty and confusion than the term “crime of violence” - except possibly the term “relevant conduct.” And, as this decision clearly …

Gonzalez v. Hasty, No. 07-1787-pr (2nd Cir.) (651 F.3d 318) (June 26, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Exhaustion of Remedies

Gonzalez v. Hasty, No. 07-1787-pr (2nd Cir.) (651 F.3d 318) (June 26, 2011) (Judge Peter W. Hall) by In a Section 1983 and Bivens action by plaintiff-prisoner alleging unlawful administrative detention, judgment of the district court dimissing action is reversed where an inmate is entitled to equitable tolling of the …

Clark v. Martinez, No. 03-878 (U.S. Supreme Court) (543 U.S. 371; 125 S.Ct. 716) (January 12, 2005) (Justice Scalia)

Article • October 6, 2009 • from P&J December, 2004

Filed under: Punch And Jurists, Detention - Generally

Clark v. Martinez, No. 03-878 (U.S. Supreme Court) (543 U.S. 371; 125 S.Ct. 716) (January 12, 2005) (Justice Scalia) by In this case, the Supreme Court considered the cases of Sergio Suarez Martinez and Daniel Benitez. Martinez and Benitez came to the United States from Cuba in 1980 as part …

Hernandez-Carrera v. Carlson, No. 08-3097 (10th Cir.) (547 F.3d 1237) (November 12, 2008) (Judge Michael W. McConnell)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Detention - Generally

Hernandez-Carrera v. Carlson, No. 08-3097 (10th Cir.) (547 F.3d 1237) (November 12, 2008) (Judge Michael W. McConnell) by Petitioners, aliens who were found to pose a special danger to the public under 8 C.F.R. § 241.14(f) and detained pursuant to 8 U.S.C.S. § 1231(a)(6), challenged their continued detention and were …

U.S. v. Ayon-Robles, No. 07-0785-cr (2nd Cir.) (557 F.3d 110) (February 24, 2009) (Per Curiam)

Article • March 1, 2009 • from P&J April, 2009

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Ayon-Robles, No. 07-0785-cr (2nd Cir.) (557 F.3d 110) (February 24, 2009) (Per Curiam) by Sentence is reversed and remanded where sentencing enhancement under the United States Sentencing Guidelines for a prior aggravated felony should not be applied, as neither of defendant's two felony convictions for simple drug possession …

U.S. v. Hurell, No. 06-5653-cr (2nd Cir.) (555 F.3d 122) (January 28, 2009) (Per Curiam)

Article • March 1, 2009 • from P&J March, 2009

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Hurell, No. 06-5653-cr (2nd Cir.) (555 F.3d 122) (January 28, 2009) (Per Curiam) by Three judgments entered after the district court determined that a prior state conviction for burglary in the third degree, and prior convictions for attempted burglary in the third degree were not crimes of violence …

Orantes-Hernandez v. Gonzales, No. CV 82-01107 MMM (C.D.Cal.) (504 F.Supp.2d 825) (July 23, 2007) (Judge Margaret M. Morrow)

Article • July 1, 2007 • from P&J July, 2007

Filed under: Punch And Jurists, Detention - Generally

Orantes-Hernandez v. Gonzales, No. CV 82-01107 MMM (C.D.Cal.) (504 F.Supp.2d 825) (July 23, 2007) (Judge Margaret M. Morrow) by This is an important decision that affects the rights of some 230,000 immigrants who are detained by the U.S. each year in some 201 separate detention centers. This particular order had …

Alizoti v. Gonzales, No. 05-4493 (6th Cir.) (477 F.3d 478) (February 26, 2007) (Judge John G. II Heyburn)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Asylum

Alizoti v. Gonzales, No. 05-4493 (6th Cir.) (477 F.3d 478) (February 26, 2007) (Judge John G. II Heyburn) by Immigration Courts Under Attack - We have seen a lot of cases of late in which the Circuit Courts have expressed great dismay and concern about the growing chaos and lack …

U.S. v. Chambers, No. 06-2405 (7th Cir.) (473 F.3d 724) (January 9, 2007) (Judge Richard A. Posner)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Chambers, No. 06-2405 (7th Cir.) (473 F.3d 724) (January 9, 2007) (Judge Richard A. Posner) by The defendant appealed his sentence of 188 months imposed by the district court following his guilty plea to being a felon in possession of a firearm. The district court sentenced the defendant …

Ba v. Gonzales, No. 05-5043-ag (2nd Cir.) (2007 U.S. App. LEXIS 3976) (February 21, 2007) (Per Curiam)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Asylum

Ba v. Gonzales, No. 05-5043-ag (2nd Cir.) (2007 U.S. App. LEXIS 3976) (February 21, 2007) (Per Curiam) by Immigration Courts Under Attack - We have seen a lot of cases of late in which the Circuit Courts have expressed great dismay and concern about the growing chaos and lack of …

Valencia v. Gonzales, No. 03-72028 (9th Cir.) (439 F.3d 1046) (March 6, 2006) (Judge Carlos T. Bea)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

Valencia v. Gonzales, No. 03-72028 (9th Cir.) (439 F.3d 1046) (March 6, 2006) (Judge Carlos T. Bea) by Petitioner, a native and citizen of Peru, sought review of an order from the Board of Immigration Appeals (BIA), which summarily affirmed the immigration judge's (IJ) ruling that petitioner was removable as …

Jones v. Bock, No. 05-7058 (U.S. Supreme Court) (549 U.S. 199; 127 S.Ct. 910) (January 22, 2007) (Justice (John G.) Roberts)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Exhaustion of Remedies

Jones v. Bock, No. 05-7058 (U.S. Supreme Court) (549 U.S. 199; 127 S.Ct. 910) (January 22, 2007) (Justice (John G.) Roberts) by Under the Prison Litigation Reform Act (PLRA), “failure to exhaust” is an affirmative defense, prisoner need not name all defendants in prior grievances, and court must proceed on …

Woodford v. Ngo, No. 05-416 (U.S. Supreme Court) (548 U.S. 81; 126 S.Ct. 2378) (June 22, 2006) (Justice Alito)

Article • May 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Exhaustion of Remedies

Woodford v. Ngo, No. 05-416 (U.S. Supreme Court) (548 U.S. 81; 126 S.Ct. 2378) (June 22, 2006) (Justice Alito) by This is another of a long series of almost banal and highly fact-specific cases dealing with the “exhaustion requirement” of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a) …

Granberry v. Greer, No. 85-6790 (U.S. Supreme Court) (481 U.S. 129; 107 S.Ct. 1671) (April 21, 1987) (Justice Stevens)

Article • April 12, 2006

Filed under: Punch And Jurists, Exhaustion of Remedies

Granberry v. Greer, No. 85-6790 (U.S. Supreme Court) (481 U.S. 129; 107 S.Ct. 1671) (April 21, 1987) (Justice Stevens) by In this case, building on its decision in Rose v. Lundy, 455 U.S. 509 (1982), the Court held that the State's failure to raise non-exhaustion does not invariably waive the …

Silva v. U.S. Attorney General, No. 04-10351 (11th Cir.) (448 F.3d 1229) (May 5, 2006) (Judge William H. Jr. Pryor)

Article • April 1, 2006 • from P&J April, 2006

Filed under: Punch And Jurists, Asylum

Silva v. U.S. Attorney General, No. 04-10351 (11th Cir.) (448 F.3d 1229) (May 5, 2006) (Judge William H. Jr. Pryor) by Here a divided panel from the Eleventh Circuit denied asylum to a Colombian woman who gave admittedly credible evidence of numerous death threats against her by a Marxist paramilitary …

Pan v. Gonzales, No. 05-1751 (1st Cir.) (445 F.3d 60) (April 17, 2006) (Judge Jeffrey R. Howard)

Article • March 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Asylum

Pan v. Gonzales, No. 05-1751 (1st Cir.) (445 F.3d 60) (April 17, 2006) (Judge Jeffrey R. Howard) by This is one of those absurd immigration cases that is so disconnected from reality as to constitute deliberate indifference. Here, a panel of three white judges from New England (including one female, …

Rizal v. Gonzales, No. 03-40750 (2nd Cir.) (442 F.3d 84) (March 21, 2006) (Judge Robert A. Katzmann)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Asylum

Rizal v. Gonzales, No. 03-40750 (2nd Cir.) (442 F.3d 84) (March 21, 2006) (Judge Robert A. Katzmann) by This is another one of a number of recent Circuit Court decisions which have clamped down hard on the stream of wacky and sometimes senseless decisions coming from the immigration courts. The …

Benslimane v. Gonzales, No. 04-1339 (7th Cir.) (430 F.3d 828) (November 30, 2005) (Judge Richard A. Posner)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Asylum

Benslimane v. Gonzales, No. 04-1339 (7th Cir.) (430 F.3d 828) (November 30, 2005) (Judge Richard A. Posner) by Petitioner alien filed a petition of review after the Board of Immigration Appeals (BIA) affirmed the orders entered by an immigration judge (IJ) in his case. The IJ had denied the alien's …

U.S. v. Bowers, No. 05-4908 (3rd Cir.) (432 F.3d 518) (December 27, 2005) (Judge Edward R. Becker)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

U.S. v. Bowers, No. 05-4908 (3rd Cir.) (432 F.3d 518) (December 27, 2005) (Judge Edward R. Becker) by In another decision that shows the many definitions of violent crimes under Federal law, the Third Circuit concluded "that the crime of felon in possession is not a crime of violence within …

Valencia v. Gonzales, No. 03-72028 (9th Cir.) (431 F.3d 673) (December 12, 2005) (Judge Carlos T. Bea)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Crimes of Violence/Violent Felony

Valencia v. Gonzales, No. 03-72028 (9th Cir.) (431 F.3d 673) (December 12, 2005) (Judge Carlos T. Bea) by Once again a Circuit Court has delved into the wacky world of what constitutes a “crime of violence” for purposes of determining whether a alien may be removed from the U.S. under …