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Article • February 2, 2015 • from P&J February, 2015
Abbott v. Federal Bureau of Prisons, No. 12-35801 (9th Cir.) (771 F.3d 512) (October 27, 2014) (Judge Ronald M. Gould) by CASE SUMMARY [1]-The claims presented in petitioner's initial habeas petition regarding the legality of the BOP's 2009 Residential Drug Abuse Program (RDAP) eligibility rule were rendered moot by the …
Article • January 19, 2015 • from P&J November, 2015
U.S. v. Sevilla-Oyola, No. 12-1264 (1st Cir.) (770 F.3d 1) (October 16, 2014) (Judge O. Rogeriee Thompson) by In the 06/23/14 issue of P&J, we noted a strange and misguided sentencing decision in the case entitled U.S. v. Sevilla-Oyola, 753 F.3d 309 (1st Cir. June 3, 2014) (“Sevilla I”). That …
Article • June 23, 2014 • from P&J June, 2014
U.S. v. Ng, No. 12 CR 553 ILG (E.D.N.Y.) (973 F.Supp.2d 217) (September 25, 2013) (Judge I. Leo Glasser) by The Defendants in this case, Mr. and Mrs. Ng., owned and operated a driving school serving primarily Chinese immigrants. In addition to providing legitimate schooling to would be drivers, they …
Article • April 30, 2012 • from P&J April, 2012
U.S. v. Choi, No. 10-739-11 (D.D.C.) (818 F.Supp.2d 79) (October 11, 2011) (Judge Royce C. Lamberth) by Here the Court granted an unusual Writ of Mandamus ordering the Magistrate Judge not to consider selective prosecution as either a defense to the merits of the prosecution or as the basis for …
Article • February 6, 2012 • from P&J February, 2012
Durso v. Napolitano, No. Civ. No. 10-02066 (HHK) (D.D.C.) (795 F.Supp.2d 63) (July 5, 2011) (Judge Henry H. Jr. Kennedy) by Here the Court dismissed a lawsuit challenging TSA’s Advanced Imaging Technology and aggressive pat-downs at airports, holding that 49 U.S.C. § 46110 places exclusive jurisdiction for such lawsuits wih …
Article • December 1, 2011
Skaftouros v. U.S., No. 11-0462-cv (2nd Cir.) (667 F.3d 144) (December 20, 2011) (Judge Jose A. Cabranes) by District court grant of writ of habeas corpus to fugitive charged with murder in Greece and certified in the United States as extraditable is vacated, and denial of the government's motion to …
Article • February 7, 2011 • from P&J February, 2011
Carter v. U.S., No. 04-CV-4889 (FB) (JMA) (E.D.N.Y.) (725 F.Supp.2d 346) (July 20, 2010) (Judge Frederic Block) by Here the Court affirmed its jurisdictional authority to award of $300,000 in damages for past and future emotional distress in a Federal Tort Claims Act action against the Government arising out of …
Article • August 23, 2010 • from P&J August, 2010
U.S. v. Janvier, No. 08-5978-cr (2nd Cir.) (599 F.3d 264) (March 26, 2010) (Judge Gerard E. Lynch) by In defendant's appeal from the district court's order revoking his term of supervised release due to his use of drugs, and sentencing him to five months' incarceration and an additional period of …
Article • May 31, 2010 • from P&J May, 2010
Al Maqaleh v. Gates, No. 09-5265 (D.C. Cir.) (605 F.3d 84) (May 21, 2010) (Judge David B. Sentelle) by Here the Court reversed a prior decision by District Judge Bates and held that three detainees who have been held for years without trial at the Bagram Air Base in Afghanistan …
Article • March 1, 2009 • from P&J March, 2009
Al Maqaleh v. Gates, No. 06-1669-cv (D.D.C.) (604 F.Supp.2d 205) (April 2, 2009) (Judge John D. Bates) by In an important ruling dealing with the Government’s ability to detain suspected terrorists in military prisons for extended periods without any court oversight, Judge Bates held in the instant case that at …
Article • March 1, 2009 • from P&J March, 2009
Kiyemba v. Obama, No. 05-5487 (D.C. Cir.) (561 F.3d 509) (April 7, 2009) (Judge Douglas Ginsburg) by This is another decision in the long and troubling history of legal proceedings relating to the 17 Chinese Muslim (or Uighur) citizens who have been imprisoned at Guantanamo Bay since 2001 - despite …
Article • December 1, 2007 • from P&J December, 2007
Munaf v. Geren, No. 06-5324 (D.C. Cir.) (482 F.3d 582) (April 6, 2007) (Judge David B. Sentelle) by Appellant, an American citizen, traveled to Iraq in 2005. In October 2006 he was convicted on kidnapping charges and sentenced to death by the Central Criminal Court of Iraq (CCCI). He was …
Article • February 1, 2007 • from P&J February, 2007
U.S. v. Coloian, No. 06-1357 (1st Cir.) (480 F.3d 47) (March 20, 2007) (Judge Juan R. Torruella) by
Article • December 1, 2006 • from P&J December, 2006
U.S. v. Resendiz-Ponce, No. 05-998 (U.S. Supreme Court) (549 U.S. 102; 127 S.Ct. 782) (January 9, 2007) (Justice Stevens) by In a ruling that raises questions about why the Supreme Court granted certiorari in this case in the first place, the Court declined to address merits of the substantive issue …
Article • October 1, 2006 • from P&J October, 2006
U.S. v. Flowers, No. 04-3206 (10th Cir.) (464 F.3d 1127) (March 22, 2006) (Judge Monroe G. McKay) by Defendant was convicted upon his guilty plea to conspiracy to manufacture or distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). The U.S. District Court for the District of Kansas sentenced defendant …
Article • May 11, 2006
U.S. v. Verdugo-Urquidez, No. 88-1353 (U.S. Supreme Court) (494 U.S. 259; 110 S.Ct. 1056) (February 28, 1990) (Justice Rehnquist) by Here a divided court held that the Fourth Amendment held not to apply to search and seizure by United States agents of property that was owned by nonresident alien and …
Article • May 11, 2006
Johnson v. Eisentrager, No. 306 (U.S. Supreme Court) (339 U.S. 763; 70 S.Ct. 936) (June 5, 2050) (Justice Jackson) by This is the Supreme Court's seminal case on the applicability of constitutional protections to non-resident enemy aliens, holding that U.S. Courts have no jurisdiction to entertain habeas petitions brought by …
Article • March 8, 2006 • from P&J January, 2006
Scheidler v. National Organization For Women, No. 04-1244 (U.S. Supreme Court) (547 U.S. 9; 126 S.Ct. 1264) (February 28, 2006) (Justice Breyer) by Ending nearly 20 years of litigation, the Supreme Court has finally ruled that the Hobbs Act (18 U.S.C. § 1951(a)) does not outlaw the kind of violence …
Article • March 1, 2006 • from P&J March, 2006
Enwonwu v. Gonzales, No. 05-2054 (1st Cir.) (438 F.3d 22) (February 13, 2006) (Judge Sandra L. Lynch) by Petitioner alien sought review of a decision of the Board of Immigration Appeals (BIA), which reversed a finding of an immigration judge (IJ) that the alien was entitled to relief under the …
Article • December 1, 2005 • from P&J December, 2005
Doe v. Smith, No. 05-1903 (7th Cir.) (429 F.3d 706) (November 21, 2005) (Judge Frank H. Easterbrook) by Plaintiff former girlfriend sought review of a decision of the United States District Court for the Central District of Illinois, which dismissed her complaint against defendant former boyfriend. The complain sought compensation …
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