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U.S. v. Christopher, No. 00-10899 (11th Cir.) (239 F.3d 1191) (January 22, 2001) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Christopher, No. 00-10899 (11th Cir.) (239 F.3d 1191) (January 22, 2001) (Judge Joel F. Dubina) by The defendant in this case was convicted of illegal re-entry into the U.S. after a prior deportation, in violation of 8 U.S.C. § 1326. Prior to the instant conviction he had previously …

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. Jackson, No. 99-10734 (5th Cir.) (220 F.3d 635) (July 26, 2000) (Judge Jerry E. Smith)

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

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

U.S. v. Jackson, No. 99-10734 (5th Cir.) (220 F.3d 635) (July 26, 2000) (Judge Jerry E. Smith) by The defendant is this case pled guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). Without any enhancements, the base offense level for illegal …

Reno v. American-Arab Anti-Discrimination Committee, No. 97-1252 (U.S. Supreme Court) (525 U.S. 471; 119 S.Ct. 936) (February 24, 1999) (Justice Scalia)

Article • August 26, 2000

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

Reno v. American-Arab Anti-Discrimination Committee, No. 97-1252 (U.S. Supreme Court) (525 U.S. 471; 119 S.Ct. 936) (February 24, 1999) (Justice Scalia) by Here the Court held that a provision of the IIRIRA (8 U.S.C. § 1252(g)) validly deprived federal courts of jurisdiction and thus any review powers over three discrete …

Harris v. Garner, No. 98-6699 (11th Cir.) (216 F.3d 970) (June 27, 2000) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Harris v. Garner, No. 98-6699 (11th Cir.) (216 F.3d 970) (June 27, 2000) (Judge Edward E. Carnes) by In this case, a divided en banc court held that the provision of the Prison Litigation Reform Act which requires a showing of physical injury before a prisoner may bring a federal …

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 …

Welch v. Reno, No. Civ. No. CCB-99-2801 (D.Md.) (101 F.Supp.2d 347) (June 6, 2000) (Judge Catherine C. Blake)

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

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

Welch v. Reno, No. Civ. No. CCB-99-2801 (D.Md.) (101 F.Supp.2d 347) (June 6, 2000) (Judge Catherine C. Blake) by Section 1226(c) of Title 8 of the U.S. Code (section 236(c) of the Immigration and Naturalization Act) requires the Attorney General to take into custody aliens who have committed certain offenses, …

McCarthy v. Madigan, No. 90-6861 (U.S. Supreme Court) (503 U.S. 140; 112 S.Ct. 1081) (March 4, 1992) (Justice Blackmun)

Article • June 8, 2000

Filed under: Punch And Jurists, Exhaustion of Remedies

McCarthy v. Madigan, No. 90-6861 (U.S. Supreme Court) (503 U.S. 140; 112 S.Ct. 1081) (March 4, 1992) (Justice Blackmun) by Case held that a Federal prisoner is not required to exhaust the BOP's internal grievance procedures before initiating a Bivens action against prison authorities solely for money damages - although …

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. Cruz-Guevara, No. 99-3043 (7th Cir.) (209 F.3d 644) (March 23, 2000) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Cruz-Guevara, No. 99-3043 (7th Cir.) (209 F.3d 644) (March 23, 2000) (Judge Michael S. Kanne) by Here, while the Court ultimately remanded the case back to the district court for failing to tie its departure to "the structure of the Guidelines," it rejected the Government's claim that the …

U.S. v. DeSantiago-Gonzalez, No. 99-50517 (5th Cir.) (207 F.3d 261) (March 30, 2000) (Judge Harold R. Jr. DeMoss)

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

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

U.S. v. DeSantiago-Gonzalez, No. 99-50517 (5th Cir.) (207 F.3d 261) (March 30, 2000) (Judge Harold R. Jr. DeMoss) by Here the Fifth Circuit held that three prior misdemeanor convictions for driving while intoxicated qualified as "crimes of violence" under USSG § 2L1.2(b)(1)(B) to warrant a four level sentencing enhancement in …

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 …

Nyhuis v. Reno, No. 98-3543 (3rd Cir.) (204 F.3d 65) (February 15, 2000) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Nyhuis v. Reno, No. 98-3543 (3rd Cir.) (204 F.3d 65) (February 15, 2000) (Judge Edward R. Becker) by Here, joining a few Circuits, the Fourth Circuit held that the PLRA requires prisoners to exhaust all avaiable administrative remedies before bringing a Federal lawsuit, even if such remdies are incapable of …

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 …

Snider v. Melindez, No. 97-2803 (2nd Cir.) (199 F.3d 108) (December 8, 1999) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Snider v. Melindez, No. 97-2803 (2nd Cir.) (199 F.3d 108) (December 8, 1999) (Judge Pierre N. Leval) by In this case, a prisoner's § 1983 complaint was sua sponte dismissed without prejudice for failure to exhaust his administrative remedies. The prisoner was not afforded notice or an opportunity to be …