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Article • October 1, 2004 • from P&J October, 2004
U.S. v. Torres, No. 03-2574 (3rd Cir.) (383 F.3d 92) (September 7, 2004) (Judge Michael Chertoff) by U.S. v. Torres, 383 F.3d 92 (3rd Cir. 2004) U.S. v. Sosa, No. 03-1530 (2nd Cir. 10/21/04) In U.S. v. Mendoza-Lopez, 481 U.S. 828, 834 (1987), the Supreme Court concluded that due process …
Article • May 1, 2003 • from P&J May, 2003
U.S. v. Tinoso, No. 02-10128 (9th Cir.) (327 F.3d 864) (April 25, 2003) (Judge A. Wallace Tashima) by Here, joining six other Circuits, the Court held that the district court exceeded its statutory authority under 18 U.S.C. § 3583(d) by ordering the immediate deportatioon of the defendant as a condition …
Article • April 1, 2003 • from P&J April, 2003
Manjiyani v. I.N.S., No. 01-70415 (9th Cir.) (324 F.3d 1138) (April 11, 2003) (Judge Mary H. Murguia) by The alien-petitioner in this case sought review of an order of the United States Board of Immigration Appeals, which affirmed the denial of her motion to reopen deportation proceedings. The issue was …
Article • March 1, 2003 • from P&J March, 2003
U.S. v. Ferreria, No. 01-CR-143 (E.D.Wisc.) (239 F.Supp.2d 849) (November 6, 2002) (Judge Lynn S. Adelman) by The defendant, a 39-year old Mexican citizen who had lawfully resided in the U.S. for 25 years as a permanent residentb alien, pled guilty to conspiracy to distribute cocaine. At sentencing, he requested …
Article • February 1, 2003 • from P&J February, 2003
Ponnapula v. Ashcroft, No. Cic. 1:CV-02-1214 (M.D.Pa.) (235 F.Supp.2d 397) (December 10, 2002) (Judge Sylvia H. Rambo) by
Article • February 1, 2003 • from P&J February, 2003
Dorelien v. U.S. Atty. Gen., No. 02-13587 (11th Cir.) (317 F.3d 1314) (January 13, 2003) (Per Curiam) by
Article • December 1, 2002 • from P&J December, 2002
Alaka v. Elwood, No. 02-CV-4664 (E.D.Pa.) (225 F.Supp.2d 547) (October 8, 2002) (Judge Anita B. Brody) by This case is noted for its comprehensive analysis of the law and the INS procedures governing removal proceedings in the context of granting a bond hearing to a lawful permanent resident, who has …
Article • September 1, 2002 • from P&J September, 2002
Habtegaber v. Jenifer, No. CIV. 02-40072 (E.D.Mich.) (213 F.Supp.2d 792) (July 26, 2002) (Judge Paul V. Gadola) by
Article • September 1, 2002 • from P&J September, 2002
North Jersey Media Group, Inc. v. Ashcroft, No. 02-2524 (3rd Cir.) (308 F.3d 198) (October 8, 2002) (Judge Edward R. Becker) by Shortly after the terrorist attacks on September 11, 2001, Attorney General Ashcroft ordered Chief Immigration Judge Michael Creppy to issue a directive to all U.S. Immigration judges requiring …
Article • September 1, 2002 • from P&J September, 2002
U.S. v. Perez, No. 01-CR-1377 (JBW) (E.D.N.Y.) (213 F.Supp.2d 229) (July 25, 2002) (Judge Jack B. Weinstein) by The defendant/alien in this case was charged with criminal reentry into this country after deportation. He moved to dismiss his indictment on the collateral ground that ineptness of his attorney during his …
Article • June 1, 2002 • from P&J June, 2002
Welch v. Ashcroft, No. 00-7665 (4th Cir.) (293 F.3d 213) (June 19, 2002) (Judge Robert R. Beezer) by Although the mandatory detention of deportable aliens is reasonably related to legitimate government interests, the 14-month detention of a deportable alien, convicted of firearm offenses, constituted punishment without the benefit of a …
Article • June 1, 2002 • from P&J June, 2002
North Jersey Media Group, Inc. v. Ashcroft, No. Civ. No. 02-967 (JWB) (D.N.J.) (205 F.Supp.2d 288) (May 28, 2002) (Judge John W. Bissell) by Ten days after the terrorist attacks of September 11, 2002, Chief Immigration Judge Michael Creppy issued a memorandum (the “Creppy Memo”) to all immigration judges and …
Article • March 1, 2002 • from P&J March, 2002
U.S. v. Vasquez, No. 01-1695 (1st Cir.) (279 F.3d 77) (February 6, 2002) (Judge Bruce M. Selya) by
Article • January 1, 2002 • from P&J January, 2002
Beharry v. Reno, No. 98 CV 5381 (JBW) (E.D.N.Y.) (183 F.Supp.2d 584) (January 9, 2002) (Judge Jack B. Weinstein) by In this case Judge Weinstein granted a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the ground that petitioner was eligible for discretionary relief from deportation under …
Article • December 1, 2001 • from P&J December, 2001
Patel v. Zemski, No. 01-2398 (3rd Cir.) (275 F.3d 299) (December 19, 2001) (Judge Dolores K. Sloviter) by Here the Court held that due process requires that an alien, who is jailed at the beginning of deportation proceedings that stem from an “aggravated felony” conviction, must be granted a bail …
Article • July 1, 2001 • from P&J July, 2001
U.S. v. Bautista, No. 00-3227 (7th Cir.) (258 F.3d 602) (July 12, 2001) (Judge Ann Claire Williams) by The defendant in this case, a 26-year old resident alien, came to the U.S. from Peru at the age of 13. He pled guilty to one count of traveling in interstate commerce …
Article • April 10, 2001
Rosenberg v. Fleuti, No. 248 (U.S. Supreme Court) (374 U.S. 449; 83 S.Ct. 1804) (June 17, 2063) (Justice Goldberg) by In this case the Supreme Court addressed the issue of whether Fleuti's return to the United States from his afternoon trip to Ensenada, Mexico, in August 1956 constituted an "entry" …
Article • December 1, 2000 • from P&J December, 2000
Calcano-Martinez v. I.N.S., No. 98-4033 (2nd Cir.) (232 F.3d 328) (September 1, 2000) (Judge James L. Oakes) by St. Cyr v. I.N.S., 229 F.3d 406 (2nd Cir. 2000) (Judge Oakes) Calcano-Martinez v. I.N.S., 232 F.3d 328 (2nd Cir. 2000) (Judge Oakes) On January 12, 2001, the Supreme Court agreed to …
Article • November 1, 2000 • from P&J November, 2000
St. Cyr v. I.N.S., No. 99-2614 (2nd Cir.) (229 F.3d 406) (September 1, 2000) (Judge James L. Oakes) by St. Cyr v. I.N.S., 229 F.3d 406 (2nd Cir. 2000) (Judge Oakes) Calcano-Martinez v. I.N.S., 232 F.3d 328 (2nd Cir. 2000) (Judge Oakes) On January 12, 2001, the Supreme Court agreed …
Article • September 1, 2000 • from P&J September, 2000
U.S. v. Higareda-Ramirez, No. 99-00066 SOM (D.Hawai'I) (107 F.Supp.2d 1248) (July 26, 2000) (Judge Susan Oki Mollway) by The closing lines of the poem that is inscribed at the entrance to the pedestal of the Statute of Liberty in New York Harbor still says to the world: “Give me your …
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