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Haddad v. Ashcroft, No. 02-70605 (E.D.Mich.) (221 F.Supp.2d 799) (September 17, 2002) (Judge Nancy G. Edmunds)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Detention - Generally

Haddad v. Ashcroft, No. 02-70605 (E.D.Mich.) (221 F.Supp.2d 799) (September 17, 2002) (Judge Nancy G. Edmunds) by Judge Edmunds continues to give Attorney General Ashcroft fits. Following her decision in Detroit Free Press v. Ashcroft, 195 F.Supp.2d 937 (E.D.Mich. 2002) (see P&J, 8/5/02), where she held that the DOJ had …

Seretse-Khama v. Ashcroft, No. Civ. No. 02-0955 (JDB) ECF (D.D.C.) (2002 U.S. Dist. LEXIS 13637) (July 22, 2002) (Judge John D. Bates)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Detention - Generally

Seretse-Khama v. Ashcroft, No. Civ. No. 02-0955 (JDB) ECF (D.D.C.) (2002 U.S. Dist. LEXIS 13637) (July 22, 2002) (Judge John D. Bates) by Here with unusually harsh words, the Court upbraided the INS for violating the teachings of Zadvydas v. Davis by delaying the release from custody of an alien …

Center for National Security Studies v. U.S. Dept. of Justice, No. Civ. 01-2599 (GK) (D.D.C.) (215 F.Supp.2d 94) (August 2, 2002) (Judge Gladys Kessler)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Detention - Generally

Center for National Security Studies v. U.S. Dept. of Justice, No. Civ. 01-2599 (GK) (D.D.C.) (215 F.Supp.2d 94) (August 2, 2002) (Judge Gladys Kessler) by In this case various public interest organizations filed a complaint against defendant United States Department of Justice seeking disclosure of the number of people arrested …

Almonte-Vargas v. Elwood, No. 02-CV-2666 (E.D.Pa.) (2002 U.S. Dist. LEXIS 12387) (June 28, 2002) (Judge R. Barclay Surrick)

Article • July 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Detention - Generally

Almonte-Vargas v. Elwood, No. 02-CV-2666 (E.D.Pa.) (2002 U.S. Dist. LEXIS 12387) (June 28, 2002) (Judge R. Barclay Surrick) by This is another one of a growing string of decisions that deals with the Government’s increasingly bold “above-the-law” approach to aliens and immigrants. In this case, calling the posture of the …

Shaughnessey v. U.S. ex rel. Mezei, No. 139 (U.S. Supreme Court) (345 U.S. 206; 73 S.Ct. 625) (February 16, 2053) (Justice Clark)

Article • June 28, 2002

Filed under: Punch And Jurists, Detention - Generally

Shaughnessey v. U.S. ex rel. Mezei, No. 139 (U.S. Supreme Court) (345 U.S. 206; 73 S.Ct. 625) (February 16, 2053) (Justice Clark) by In this case, an alien resident of the United States traveled abroad and remained in Hungary for 19 months. On his return to this country, the Attorney …

U.S. v. Romo-Sanchez, No. 00-40112-04-DES (D.Kan.) (170 F.Supp.2d 1127) (April 23, 2001) (Judge Dale E. Saffels)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Detention - Generally

U.S. v. Romo-Sanchez, No. 00-40112-04-DES (D.Kan.) (170 F.Supp.2d 1127) (April 23, 2001) (Judge Dale E. Saffels) by This case is noted as a rare example of a published decision dealing with the burdens of proof required to overcome the statutory presumption against bail release in drug cases where the defendant …

Kim v. Ziglar, No. 99-17373 (9th Cir.) (276 F.3d 523) (January 9, 2002) (Judge William A. Fletcher)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Detention - Generally

Kim v. Ziglar, No. 99-17373 (9th Cir.) (276 F.3d 523) (January 9, 2002) (Judge William A. Fletcher) by Here, joining a recent decision from the Third Circuit, the Court held that a key provision of the immigration laws, 8 U.S.C. § 1226(c), which denies bail to aliens awaiting deportation is …

U.S. v. Lane, No. 00-4180 (7th Cir.) (252 F.3d 905) (May 31, 2001) (Judge Richard A. Posner)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Detention - Generally

U.S. v. Lane, No. 00-4180 (7th Cir.) (252 F.3d 905) (May 31, 2001) (Judge Richard A. Posner) by Here, taking issue with the Second Circuit, the Court held that a felon's possession of a firearm is not a "crime of violence" under the Bail Reform Act which automatically denies the …

Baidas v. Jennings, No. Civ.A 00-CV-72003-DT (E.D.Mich.) (123 F.Supp.2d 1052) (December 6, 1999) (Judge Avern Levin Cohn)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Detention - Generally

Baidas v. Jennings, No. Civ.A 00-CV-72003-DT (E.D.Mich.) (123 F.Supp.2d 1052) (December 6, 1999) (Judge Avern Levin Cohn) by In ruling that 8 U.S.C. § 1226(c) (which mandates detention during an alien's removal hearings) is unconstitutional, the Court stated in part: " Federal district courts have divided over the question of …

Reno v. Flores, No. 91-905 (U.S. Supreme Court) (507 U.S. 292; 113 S.Ct. 1439) (March 23, 1993) (Justice Scalia)

Article • September 8, 2000

Filed under: Punch And Jurists, Detention - Generally

Reno v. Flores, No. 91-905 (U.S. Supreme Court) (507 U.S. 292; 113 S.Ct. 1439) (March 23, 1993) (Justice Scalia) by In this case, respondents, a class of alien juveniles, challenged the constitutionality of a regulation of the INS - 8 C.F.R. § 242.24 - which requires the INS to hold …

U.S. v. El-Hage, No. 00-1025 (2nd Cir.) (213 F.3d 74) (May 25, 2000) (Per Curiam)

Article • July 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Detention - Generally

U.S. v. El-Hage, No. 00-1025 (2nd Cir.) (213 F.3d 74) (May 25, 2000) (Per Curiam) by Here the Court held that a lengthy pre-trial detention of an accused international terrorist was "extraordinary and justified" because of the gravity of the charges, the complexity of the case and the lack of …

Kay v. Reno, No. Civ. No. 1:CV-99-0251 (M.D.Pa.) (94 F.Supp.2d 546) (April 19, 2000) (Judge Sylvia H. Rambo)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Detention - Generally

Kay v. Reno, No. Civ. No. 1:CV-99-0251 (M.D.Pa.) (94 F.Supp.2d 546) (April 19, 2000) (Judge Sylvia H. Rambo) by Here the Court held that the continued detention of an alien who was subject to a final order of deportation violated his substantive due process rights where his country of origin …

Rogowski v. Reno, No. Civ. 3:99cv790(PCD) (D.Conn.) (94 F.Supp.2d 177) (October 28, 1999) (Judge Peter C. Dorsey)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Detention - Generally

Rogowski v. Reno, No. Civ. 3:99cv790(PCD) (D.Conn.) (94 F.Supp.2d 177) (October 28, 1999) (Judge Peter C. Dorsey) by In this case, Rafal Rogowski, a native of Poland, had pled guilty to 17 felonies. The INS took him into custody after he completed his sentence pending his deportation back to Poland. …

U.S. v. Dortch, No. 98-41129 (5th Cir.) (203 F.3d 883) (February 14, 2000) (Per Curiam)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Detention - Generally

U.S. v. Dortch, No. 98-41129 (5th Cir.) (203 F.3d 883) (February 14, 2000) (Per Curiam) by In this decision the Fifth Circuit denied a motion for a rehearing of its previous decision reported at 199 F.3d 193 (over the dissent of Judge Garwood), and affirmed its prior decision, correcting and …

Ma v. Reno, No. 99-35976 (9th Cir.) (208 F.3d 815) (April 10, 2000) (Judge Stephen Reinhardt)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Detention - Generally

Ma v. Reno, No. 99-35976 (9th Cir.) (208 F.3d 815) (April 10, 2000) (Judge Stephen Reinhardt) by Here the Ninth Circuit held that the immigration laws do not give the Attorney General the authority to detain indefinitely aliens whose countries of origin refuse to accept them back, and ordered that …

Ho v. Greene, No. 98-1333 (10th Cir.) (204 F.3d 1045) (February 29, 2000) (Judge Michael R. Murphy)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Detention - Generally

Ho v. Greene, No. 98-1333 (10th Cir.) (204 F.3d 1045) (February 29, 2000) (Judge Michael R. Murphy) by Ma v. Reno, 2000 WL 358445 (9th Cir. 4/10/00) (Judge Reinhardt) Ho v. Greene, 204 F.3d 1045 (10th Cir. 2000) (Judge Murphy) Despite growing cries of outrage, the INS continues to hold …

Ma v. Reno, No. 99-35976 (9th Cir.) (208 F.3d 815) (April 10, 2000) (Judge Stephen Reinhardt)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Detention - Generally

Ma v. Reno, No. 99-35976 (9th Cir.) (208 F.3d 815) (April 10, 2000) (Judge Stephen Reinhardt) by QUOTE OF THE WEEK - Executive Detention - the Hallmark of the Totalitarian State. "[I]t is well to remember the magnitude of the injury that pretrial detention inflicts and the departure that it …

Ho v. Greene, No. 98-1333 (10th Cir.) (204 F.3d 1045) (February 29, 2000) (Judge Michael R. Murphy)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Detention - Generally

Ho v. Greene, No. 98-1333 (10th Cir.) (204 F.3d 1045) (February 29, 2000) (Judge Michael R. Murphy) by QUOTE OF THE WEEK - Executive Detention - the Hallmark of the Totalitarian State. "[I]t is well to remember the magnitude of the injury that pretrial detention inflicts and the departure that …

U.S. v. Dortch, No. 98-41129 (5th Cir.) (199 F.3d 193) (December 23, 1999) (Judge Jerry E. Smith)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Detention - Generally

U.S. v. Dortch, No. 98-41129 (5th Cir.) (199 F.3d 193) (December 23, 1999) (Judge Jerry E. Smith) by In this case, police officers stopped the defendant Dortch for a traffic violation. They called a dispatcher to run a computer check for warrants and to determine whether the car was stolen. …

Bouayad v. Holmes, No. Civ.A. 99-5784 (E.D.Pa.) (74 F.Supp.2d 471) (December 17, 1999) (Judge Marvin Katz)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Detention - Generally

Bouayad v. Holmes, No. Civ.A. 99-5784 (E.D.Pa.) (74 F.Supp.2d 471) (December 17, 1999) (Judge Marvin Katz) by In holding that the mandatory detention of aliens pending removal proceedings violated the aliens' rights under the Due Process Clause, the Court noted that the Third Circuit has not, as yet, addressed the …