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U.S. v. Balsys, No. 97-873 (U.S. Supreme Court) (524 U.S. 666; 118 S.Ct. 2218) (June 25, 1998) (Justice Souter)

Article • May 15, 2000 • from P&J June, 1998

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Balsys, No. 97-873 (U.S. Supreme Court) (524 U.S. 666; 118 S.Ct. 2218) (June 25, 1998) (Justice Souter) by Balsys was a resident alien living in New York, but was suspected of being a Nazi war criminal. When interrogated by U.S. officials concerning his Nazi ties, he invoked a …

Chi Thon Ngo v. INS, No. 97-1419 (3rd Cir.) (192 F.3d 390) (September 24, 1999) (Judge Joseph F. Jr. Weis)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Chi Thon Ngo v. INS, No. 97-1419 (3rd Cir.) (192 F.3d 390) (September 24, 1999) (Judge Joseph F. Jr. Weis) by This case dealt with an alien who had received a final order of exclusion but was still in detention after four years because his native country would not accept …

Wang v. Reno, No. 93-17262 (9th Cir.) (81 F.3d 808) (April 12, 1996) (Per Curiam)

Article • May 1, 1999 • from P&J May, 1996

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Wang v. Reno, No. 93-17262 (9th Cir.) (81 F.3d 808) (April 12, 1996) (Per Curiam) by Back in 1993, Judge Orrick wrote an earlier decision in this case in which he concluded that "[t]he facts [in this case] show such clear, flagrant, and shameful violations of Wang's rights under the …

U.S. v. Davoudi, No. 98-50235 (9th Cir.) (172 F.3d 1130) (April 14, 1999) (Judge Alfred T. Goodwin)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Davoudi, No. 98-50235 (9th Cir.) (172 F.3d 1130) (April 14, 1999) (Judge Alfred T. Goodwin) by Here the Court affirmed that district courts have the discretion to depart downward because deportable aliens may be unable to take advantage of up to six months of home confinement authorized by …

U.S. v. Montez-Gaviria, No. 97-1682 (2nd Cir.) (163 F.3d 697) (December 14, 1998) (Judge Guido Calabresi)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Montez-Gaviria, No. 97-1682 (2nd Cir.) (163 F.3d 697) (December 14, 1998) (Judge Guido Calabresi) by Case held that a district court has the authority to grant a downward departure on the basis of uncredited time served by the defendant in State custody while on an INS detainer. Here …

Cabreja-Rojas v. Reno, No. 98 Civ. 1737(LAK) (S.D.N.Y.) (999 F.Supp. 493) (March 25, 1998) (Judge Lewis A. Kaplan)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Cabreja-Rojas v. Reno, No. 98 Civ. 1737(LAK) (S.D.N.Y.) (999 F.Supp. 493) (March 25, 1998) (Judge Lewis A. Kaplan) by Case held that a permanent resident who is subject to a final order of deportation is entitled to a hearing before an independent decisionmaker, rather than the INS district director, on …

Aguilera-Medina v. I.N.S., No. 96-71121 (9th Cir.) (137 F.3d 1401) (March 9, 1998) (Per Curiam)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Aguilera-Medina v. I.N.S., No. 96-71121 (9th Cir.) (137 F.3d 1401) (March 9, 1998) (Per Curiam) by Despite ruling of Board of Immigration Appeals that the Fleuti doctrine did not extend to Special Agricultural Workers, the court ruled otherwise on the grounds that Congress directed that lawful temporary and permanent residents …

U.S. v. Romeo, No. 96-4421 (11th Cir.) (122 F.3d 941) (September 10, 1997) (Judge Joel F. Dubina)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Romeo, No. 96-4421 (11th Cir.) (122 F.3d 941) (September 10, 1997) (Judge Joel F. Dubina) by In this case, the court held that "it is apparent . . . that the new law alters the district court's power to order deportation." That law gives the immigration judge sole …

U.S. v. Igbonwa, No. 96-1848 (3rd Cir.) (120 F.3d 437) (August 7, 1997) (Judge Max Rosenn)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Igbonwa, No. 96-1848 (3rd Cir.) (120 F.3d 437) (August 7, 1997) (Judge Max Rosenn) by

Singh v. Reno, No. 96-16373 (9th Cir.) (113 F.3d 1512) (May 27, 1997) (Judge Cynthia Holcomb Hall)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Singh v. Reno, No. 96-16373 (9th Cir.) (113 F.3d 1512) (May 27, 1997) (Judge Cynthia Holcomb Hall) by Here the Court held that a resident alien with a special agricultural permit abandoned his permanent resident status by visting his wife and children abroad while waiting for employment - a decision …

Williams v. I.N.S., No. 96-60345 (5th Cir.) (114 F.3d 82) (June 6, 1997) (Judge Eldon E. Fallon)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Williams v. I.N.S., No. 96-60345 (5th Cir.) (114 F.3d 82) (June 6, 1997) (Judge Eldon E. Fallon) by Singh v. Reno, 113 F.3d 1512 (9th Cir. 1997) (Judge Hall) Williams v. I.N.S., 114 F.3d 82 (5th Cir. 1997) (Judge Fallon) Both of these cases show the increasingly powerful role of …

U.S. v. Chukwura, No. 96-1130, No. 433 (2nd Cir.) (101 F.3d 230) (November 26, 1996) (Per Curiam)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Chukwura, No. 96-1130, No. 433 (2nd Cir.) (101 F.3d 230) (November 26, 1996) (Per Curiam) by Court held that § 1252a(d)(1) gives courts limited authority to deport an alien without resort to INS proceedings, but that such action requires the consent of the U.S. Attorney and the concurrence …

Rodriguez-Roman v. I.N.S., No. 95-70230 (9th Cir.) (98 F.3d 416) (October 9, 1996) (Judge Stephen Reinhardt)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Rodriguez-Roman v. I.N.S., No. 95-70230 (9th Cir.) (98 F.3d 416) (October 9, 1996) (Judge Stephen Reinhardt) by This case is a chilling example of the type of sensitivity, compassion and care exhibited by the Immigration and Naturalization Service and a good guide to the traps in seeking judicial review. In …

U.S. v. Ogbondah, No. 93-1479, No. 869 (2nd Cir.) (16 F.3d 498) (February 9, 1994) (Judge Ralph K. Jr. Winter)

Article • January 1, 1994

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Ogbondah, No. 93-1479, No. 869 (2nd Cir.) (16 F.3d 498) (February 9, 1994) (Judge Ralph K. Jr. Winter) by See also U.S. v. Restrepo, 999 F.2d 640 (2nd Cir. 1993) and U.S. v. Montez-Gaviria, 163 F.3d 697 (2nd Cir. 1998). Case held that district court had discretion to …

Thomas v. INS, No. 91-70750 (9th Cir.) (35 F.3d 1332) (September 2, 1994) (Judge Andrew J. Kleinfeld)

Article • January 1, 1994

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Thomas v. INS, No. 91-70750 (9th Cir.) (35 F.3d 1332) (September 2, 1994) (Judge Andrew J. Kleinfeld) by

U.S. v. Restrepo, No. 92-1631, No. 1065 (2nd Cir.) (999 F.2d 640) (July 23, 1993) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Restrepo, No. 92-1631, No. 1065 (2nd Cir.) (999 F.2d 640) (July 23, 1993) (Judge Amalya Lyle Kearse) by Case held that a district court may not grant a downward departure in anticipation of a defendant's possible post-imprisonment, pre-deportation confinement. See also U.S. v. Ogbondah, 16 F.3d 498 (2nd …