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Morales v. Conley, No. Civ.A. 5:02-0497 (S.D.W.Va.) (224 F.Supp.2d 1070) (September 26, 2002) (Judge Charles H. II Haden)

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

Filed under: Punch And Jurists, Detention - Generally

Morales v. Conley, No. Civ.A. 5:02-0497 (S.D.W.Va.) (224 F.Supp.2d 1070) (September 26, 2002) (Judge Charles H. II Haden) by Back in 1980, some 125,000 Cuban aliens without visas arrived in Florida aboard a flotilla of small boats that left from the port city of Mariel - and the event quickly …

Renteria-Gonzalez v. Immigration & Naturalization Service, No. 01-60364 (5th Cir.) (322 F.3d 804) (November 11, 2002) (Judge Jerry E. Smith)

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

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

Renteria-Gonzalez v. Immigration & Naturalization Service, No. 01-60364 (5th Cir.) (322 F.3d 804) (November 11, 2002) (Judge Jerry E. Smith) by Here the Court held that the IIRIRA does not deprive a Circuit court of jurisdiction where the temporary resident had an “aggravated felony” conviction that did not qualify as …

Lyon v. Vande Krol, No. 00-3283 (8th Cir.) (305 F.3d 806) (October 4, 2002) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Lyon v. Vande Krol, No. 00-3283 (8th Cir.) (305 F.3d 806) (October 4, 2002) (Judge Morris Sheppard Arnold) by Here a state inmate brought a civil rights suit against defendant prison officials, claiming that the prison's exclusion of him from participating in Jewish services and holidays violated his constitutional rights. …

Rose v. Lundy, No. 80-846 (U.S. Supreme Court) (455 U.S. 509; 102 S.Ct. 1198) (March 3, 1982) (Justice O'Connor)

Article • September 30, 2002

Filed under: Punch And Jurists, Exhaustion of Remedies

Rose v. Lundy, No. 80-846 (U.S. Supreme Court) (455 U.S. 509; 102 S.Ct. 1198) (March 3, 1982) (Justice O'Connor) by In this case the Court considered whether the exhaustion rule in 28 USC §§ 2254(b) & (c) requires a federal district court to dismiss a petition for a writ of …

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 …

Chambers v. Reno, No. 00-6364 (4th Cir.) (307 F.3d 284) (October 15, 2002) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Aggravated Felony

Chambers v. Reno, No. 00-6364 (4th Cir.) (307 F.3d 284) (October 15, 2002) (Judge William B. Jr. Traxler) by The Illegal Immigration Reform and Immigrant Responsibility Act of 1996's (IIRIRA) repeal of discretionary relief for aggravated felons who have been ordered deported, is not impermissibly retroactive as applied to an …

Baker v. Carr, No. 6 (U.S. Supreme Court) (369 U.S. 186; 82 S.Ct. 691) (March 26, 2062) (Justice Brennan)

Article • July 7, 2002

Filed under: Punch And Jurists, Political Beliefs/Positions/Questions

Baker v. Carr, No. 6 (U.S. Supreme Court) (369 U.S. 186; 82 S.Ct. 691) (March 26, 2062) (Justice Brennan) by Here the Court affirmed the principle that "political questions" - i.e., controversies which revolve around policy choices and value determinations constitutionally committed to the Congress or Executive Branch - are …

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 …

U.S. v. Charles, No. 01-10113 (5th Cir.) (301 F.3d 309) (July 31, 2002) (Judge E. Grady Jolly)

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

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

U.S. v. Charles, No. 01-10113 (5th Cir.) (301 F.3d 309) (July 31, 2002) (Judge E. Grady Jolly) by Here, reversing a prior panel decision, a divided en banc court held that simple theft of an automobile is not a crime of violence as defined in § 4B1.2(a)(2) for purposes of …

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 …

U.S. v. Hernandez-Neave, No. 01-50059 (5th Cir.) (291 F.3d 296) (December 21, 2001) (Judge Robert M. Parker)

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

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

U.S. v. Hernandez-Neave, No. 01-50059 (5th Cir.) (291 F.3d 296) (December 21, 2001) (Judge Robert M. Parker) by

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. Robles-Rodriguez, No. 01-10193 (9th Cir.) (281 F.3d 900) (February 13, 2002) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Robles-Rodriguez, No. 01-10193 (9th Cir.) (281 F.3d 900) (February 13, 2002) (Judge Robert Boochever) by The question presented in this was was whether a state drug conviction, for which the maximum penalty authorized by state law is probation, can be an "aggravated felony" triggering a sentencing enhancement under …

Porter v. Nussle, No. 00-853 (U.S. Supreme Court) (534 U.S. 516; 122 S.Ct. 983) (February 26, 2002) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Porter v. Nussle, No. 00-853 (U.S. Supreme Court) (534 U.S. 516; 122 S.Ct. 983) (February 26, 2002) (Justice Ginsburg) by Here the Court unanimously held that the exhaustion requirements of the Prison Litigation Reform Act are applicable to all inmate lawsuits regarding prison life, regardless of whether the suit involves …

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 …

Smith v. Zachary, No. 99-4084 (7th Cir.) (255 F.3d 466) (June 28, 2001) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Smith v. Zachary, No. 99-4084 (7th Cir.) (255 F.3d 466) (June 28, 2001) (Judge Terrence T. Evans) by Here, over the dissent of Judge Williams, the majority concluded that the inmate's claim of a violent, random assault by a prison guard dealt with "prison conditions" and thus required that he …

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 …

Booth v. Churner, No. 99-1964 (U.S. Supreme Court) (532 U.S. 731; 121 S.Ct. 1819) (May 29, 2001) (Justice Souter)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Booth v. Churner, No. 99-1964 (U.S. Supreme Court) (532 U.S. 731; 121 S.Ct. 1819) (May 29, 2001) (Justice Souter) by Here the Court resolved a long-standing Circuit split and held that 42 USC § 1997e(a) requires a prisoner to exhaust all available prison grievance procedures before commencing suit in Federal …