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Pace v. DiGuglielmo, No. 03-9627 (U.S. Supreme Court) (544 U.S. 408; 125 S.Ct. 1807) (April 27, 2005) (Justice Rehnquist)

Article • May 3, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Exhaustion of Remedies

Pace v. DiGuglielmo, No. 03-9627 (U.S. Supreme Court) (544 U.S. 408; 125 S.Ct. 1807) (April 27, 2005) (Justice Rehnquist) by Here the Court held that a state post-conviction motion is not "properly filed," within the meaning of the tolling provision of the AEDPA’s statute of limitations, when that motion was …

Ngo v. Woodford, No. 03-16042 (9th Cir.) (403 F.3d 620) (March 24, 2005) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Ngo v. Woodford, No. 03-16042 (9th Cir.) (403 F.3d 620) (March 24, 2005) (Judge Harry Pregerson) by This decision examined the PLRA's strict exhaustion requirements; and it held that a prison’s administrative grievance proceeding “can in no way be the ‘main event’ in a prisoner’s attempt to have a constitutional …

Jama v. Immigration and Customs Enforcement, No. 03-674 (U.S. Supreme Court) (543 U.S. 335; 125 S.Ct. 694) (January 12, 2005) (Justice Scalia)

Article • January 24, 2005 • from P&J December, 2004

Filed under: Punch And Jurists, Detention - Generally

Jama v. Immigration and Customs Enforcement, No. 03-674 (U.S. Supreme Court) (543 U.S. 335; 125 S.Ct. 694) (January 12, 2005) (Justice Scalia) by

In Re Guantanamo Detainee Cases, No. 02-CV-0299 (D.D.C.) (344 F.Supp.2d 174) (November 8, 2004) (Judge Joyce Hens Green)

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

Filed under: Punch And Jurists, Detention - Generally

In Re Guantanamo Detainee Cases, No. 02-CV-0299 (D.D.C.) (344 F.Supp.2d 174) (November 8, 2004) (Judge Joyce Hens Green) by Petitioner detainees brought actions against respondents, federal government officials and military officials (officials), regarding their continued detention at a United States military base. Following coordination of the detainees' actions, the officials …

Leocal v. Ashcroft, No. 03-583 (U.S. Supreme Court) (543 U.S. 1; 125 S.Ct. 377) (November 9, 2004) (Justice Rehnquist)

Article • October 1, 2004 • from P&J October, 2004

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

Leocal v. Ashcroft, No. 03-583 (U.S. Supreme Court) (543 U.S. 1; 125 S.Ct. 377) (November 9, 2004) (Justice Rehnquist) by State DUI offenses, which either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle, are not crimes of violence …

Mojias v. Johnson, No. 03-0121 (2nd Cir.) (351 F.3d 606) (December 9, 2003) (Judge Wilfred Feinberg)

Article • November 1, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Exhaustion of Remedies

Mojias v. Johnson, No. 03-0121 (2nd Cir.) (351 F.3d 606) (December 9, 2003) (Judge Wilfred Feinberg) by This is an important decision under the Prison Litigation Reform Act (PLRA), in which the Second Circuit called for greater scrutiny of claims that a prisoner had failed to exhaust his administrative remedies …

Bravo v. Ashcroft, No. 02-41427 (5th Cir.) (341 F.3d 590) (September 22, 2003) (Judge Jerry E. Smith)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

Bravo v. Ashcroft, No. 02-41427 (5th Cir.) (341 F.3d 590) (September 22, 2003) (Judge Jerry E. Smith) by Here the Court held that under the IRRIRA Federal courts no longer have the jurisdiction to reviewဠdiscretionary denials of relief made by immigration judges, even under the "exceptopnal and extremely unusual hardship" …

Jackson v. Indiana, No. 70-5009 (U.S. Supreme Court) (406 U.S. 715; 92 S.Ct. 1845) (June 7, 1972) (Justice Blackmun)

Article • August 2, 2003

Filed under: Punch And Jurists, Detention - Generally

Jackson v. Indiana, No. 70-5009 (U.S. Supreme Court) (406 U.S. 715; 92 S.Ct. 1845) (June 7, 1972) (Justice Blackmun) by In this case the Court held that "a person charged by a State with a criminal offense who is committed solely on account of his incapacity to proceed to be …

Benitez v. Wallis, No. 02-14324 (11th Cir.) (337 F.3d 1289) (July 17, 2003) (Per Curiam)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Detention - Generally

Benitez v. Wallis, No. 02-14324 (11th Cir.) (337 F.3d 1289) (July 17, 2003) (Per Curiam) by The United States District Court for the Northern District of Florida denied petitioner inadmissible alien's 28 U.S.C. § 2241 petition challenging his indefinite detention. The district court concluded that the Immigration and Naturalization Service's …

Ford v. Hubbard, No. 98-56455 (9th Cir.) (330 F.3d 1086) (September 6, 2002) (Judge Stephen Reinhardt)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Exhaustion of Remedies

Ford v. Hubbard, No. 98-56455 (9th Cir.) (330 F.3d 1086) (September 6, 2002) (Judge Stephen Reinhardt) by Two separate petitioners, state inmates, filed mixed federal habeas petitions in the United States District Court for the Central District of California, which were dismissed. Petitioners then exhausted their state remedies on all …

Jama v. I.N.S., No. 02-2324 (8th Cir.) (329 F.3d 630) (May 27, 2003) (Judge Morris Sheppard Arnold)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Detention - Generally

Jama v. I.N.S., No. 02-2324 (8th Cir.) (329 F.3d 630) (May 27, 2003) (Judge Morris Sheppard Arnold) by Appellant U.S. Immigration and Naturalization Service (INS) appealed a judgment from the United States District Court for the District of Minnesota, which granted 28 U.S.C. § 2241 habeas relief in favor of …

U.S. v. Mullings, No. 02-1642 (2nd Cir.) (330 F.3d 123) (May 23, 2003) (Per Curiam)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Mullings, No. 02-1642 (2nd Cir.) (330 F.3d 123) (May 23, 2003) (Per Curiam) by Here the Court held that a non-custodial sentence, requiring the defendant to pay only a monetary fine, qualified as a sentence of 13 months of less for purposes of justifying a 12-level Guideline enhancement …

Center for Natl. Security Studies v. U.S.D.O.J., No. 02-5254 (D.C. Cir.) (331 F.3d 918) (June 17, 2003) (Judge David B. Sentelle)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Detention - Generally

Center for Natl. Security Studies v. U.S.D.O.J., No. 02-5254 (D.C. Cir.) (331 F.3d 918) (June 17, 2003) (Judge David B. Sentelle) by In this case a bitterly divided panel from the D.C. Circuit upheld the right of the Government to refuse to disclose to the press and the public any …

Ortiz v. McBride, No. 02-0088 (2nd Cir.) (323 F.3d 191) (March 21, 2003) (Per Curiam)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Exhaustion of Remedies

Ortiz v. McBride, No. 02-0088 (2nd Cir.) (323 F.3d 191) (March 21, 2003) (Per Curiam) by The inmate-plaintiff in this case, acting pro se, appealed an order from the District Court for the Eastern District of New York's dismissing the claims he brought pursuant to 42 U.S.C. § 1983 for …

Borrero v. Aljets, No. 02-1506 (8th Cir.) (325 F.3d 1003) (April 15, 2003) (Judge Roger L. Wollman)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Detention - Generally

Borrero v. Aljets, No. 02-1506 (8th Cir.) (325 F.3d 1003) (April 15, 2003) (Judge Roger L. Wollman) by 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 § …

Rosales-Garcia v. Holland, No. 99-5683 (6th Cir.) (322 F.3d 386) (March 5, 2003) (Judge Karen Nelson Moore)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Detention - Generally

Rosales-Garcia v. Holland, No. 99-5683 (6th Cir.) (322 F.3d 386) (March 5, 2003) (Judge Karen Nelson Moore) by 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 …

Ganwich v. Knapp, No. 01-35677 (9th Cir.) (319 F.3d 1115) (February 11, 2003) (Judge Ronald M. Gould)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Detention - Generally

Ganwich v. Knapp, No. 01-35677 (9th Cir.) (319 F.3d 1115) (February 11, 2003) (Judge Ronald M. Gould) by Here the Court held that law enforcement officers, investigating charges of criminal fraud by a corporation, violated the Fourth Amendment rights of the employees of that corporation by detaining them incommunicado, without …

Herrero-Rodriguez v. Bailey, No. Civ. No. 01-4472 (JBS) (D.N.J.) (237 F.Supp.2d 543) (December 18, 2002) (Judge Jerome B. Simandle)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Detention - Generally

Herrero-Rodriguez v. Bailey, No. Civ. No. 01-4472 (JBS) (D.N.J.) (237 F.Supp.2d 543) (December 18, 2002) (Judge Jerome B. Simandle) by Petitioner sought habeas corpus relief pursuant to 28 U.S.C. § 2241, claiming that the United States Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001) should be extended …

Soto-Ramirez v. Ashcroft, No. Civ. No. 1:CV-01-1555 (M.D.Pa.) (228 F.Supp.2d 566) (October 29, 2002) (Judge Christopher C. Conner)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Detention - Generally

Soto-Ramirez v. Ashcroft, No. Civ. No. 1:CV-01-1555 (M.D.Pa.) (228 F.Supp.2d 566) (October 29, 2002) (Judge Christopher C. Conner) by Petitioner, a Cuban national, filed a petition for writ of habeas corpus under 28 U.S.C.S. § 2241, arguing that his continued detention while awaiting removal was beyond the statutory authority of …

U.S. v. Maung, No. 02-12945 (11th Cir.) (320 F.3d 1305) (February 10, 2003) (Judge Edward E. Carnes)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Maung, No. 02-12945 (11th Cir.) (320 F.3d 1305) (February 10, 2003) (Judge Edward E. Carnes) by A sentencing court may not depart downward to take a crime out of the definition of an aggravated felony in order to shield the defendant from the immigration consequences Congress has decided …