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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. …

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph)

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

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

American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph) by This case is another reminder of the fact that the rights of aliens and illegal immigrants in America have been significantly eroded by recent legislation - a point that has …

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 …

Lavista v. Beeler, No. 97-6295 (6th Cir.) (195 F.3d 254) (October 26, 1999) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Lavista v. Beeler, No. 97-6295 (6th Cir.) (195 F.3d 254) (October 26, 1999) (Judge Gilbert S. Merritt) by Wyatt v. Leonard, 193 F.3d 876 (6th Cir. 1999) (Judge Merritt) Lavista v. Beeler, 195 F.3d 254 (6th Cir. 1999) (Judge Merritt) Both of these cases deal with the requirement in the …

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt) by In this case, the Court departed from the holdings in several other Circuits which have focused on the word "available" in 42 U.S.C. § 1997e(a), holding that administrative remedies need not be …

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Wyatt v. Leonard, No. 98-4161 (6th Cir.) (193 F.3d 876) (October 6, 1999) (Judge Gilbert S. Merritt) by Here the Sixth Circuit joins a minority of Circuits in holding that a Federal prisoner must exhaust his internal grievance procedures before filing a Bivens-type action even where the claim is only …

Maria v. McElroy, No. 98 CV 6596(JBW) (E.D.N.Y.) (68 F.Supp.2d 206) (October 7, 1999) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Aggravated Felony

Maria v. McElroy, No. 98 CV 6596(JBW) (E.D.N.Y.) (68 F.Supp.2d 206) (October 7, 1999) (Judge Jack B. Weinstein) by

Harris v. Garner, No. 98-8899 (11th Cir.) (190 F.3d 1279) (September 30, 1999) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Harris v. Garner, No. 98-8899 (11th Cir.) (190 F.3d 1279) (September 30, 1999) (Judge Gerald B. Tjoflat) by In this decision (which was later vacated when the full Court agreed to rehear the case en banc) a panel from the Eleventh Circuit held that the provision of the Prison Litigation …

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter)

Article • October 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter) by Here the Court questioned whether the exhaustion requirement of 42 U.S.C. § 1997e(a) applies to deliberate indifference claims in the context of suits for monetary damages where an administrative appeal could …

Phan v. Reno, No. C98-234Z (W.D.Wash.) (56 F.Supp.2d 1149) (July 9, 1999) (Judge John C. Coughenour)

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

Filed under: Punch And Jurists, Detention - Generally

Phan v. Reno, No. C98-234Z (W.D.Wash.) (56 F.Supp.2d 1149) (July 9, 1999) (Judge John C. Coughenour) by In this case, the petitioners argued that the procedural scheme of their continued detention awaiting deportation as it now exists is structurally biased against meaningful review of petitioners' individual circumstances and therefore violates …

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby)

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

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

Warren v. Crabtree, No. 98-35890 (9th Cir.) (185 F.3d 1018) (July 30, 1999) (Judge Jr. William C. Canby) by Here the Court held that the BOP was well within its discretion in classifying all § 924(c) crimes as violent crimes for the purpose of denying eligibility to prisoners to participate …

Zadvydas v. Underdown, No. 97-31345 (5th Cir.) (185 F.3d 279) (August 11, 1999) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Detention - Generally

Zadvydas v. Underdown, No. 97-31345 (5th Cir.) (185 F.3d 279) (August 11, 1999) (Judge Will L. Garwood) by Some comments from Justice Black about the parallels between the indefinite detention of illegal aliens by the INS and the practices of some of the most hated and notorious dictatorships in history. …

Richardson v. Reno, No. 98-4230 (11th Cir.) (180 F.3d 1311) (July 14, 1999) (Judge Frank May Hull)

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

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

Richardson v. Reno, No. 98-4230 (11th Cir.) (180 F.3d 1311) (July 14, 1999) (Judge Frank May Hull) by On remand from the Supreme Court, the Court reaffirmed its opinion previously reported at 162 F.3d 1338, that the IIRIRA precludes habeas jurisdiction over an alien's petition challenging his deportation, albeit on …

Hose v. I.N.S., No. 97-15789 (9th Cir.) (180 F.3d 992) (June 10, 1999) (Judge Sidney R. Thomas)

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

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

Hose v. I.N.S., No. 97-15789 (9th Cir.) (180 F.3d 992) (June 10, 1999) (Judge Sidney R. Thomas) by Here the en banc court affirmed the dismissal of the petitioner's challenge to his deportation proceedings, but on different grounds than the panel's decision reported at 141 F.3d 932, based largely on …

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan)

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

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

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan) by Here the Court held that a conspiracy to commit robbery that violates the Hobbs Act is a "crime of violence" within the meaning of 18 USC § 924(c)(1) which prescribes using or …

U.S. v. Singleton, No. 99-3053 (D.C. Cir.) (182 F.3d 7) (June 25, 1999) (Judge Judith W. Rogers)

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

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

U.S. v. Singleton, No. 99-3053 (D.C. Cir.) (182 F.3d 7) (June 25, 1999) (Judge Judith W. Rogers) by In the only published decision to date from a Court of Appeals, the D.C. Circuit held that a former felon's possession of a firearm is not a "crime of violence" that triggers …

Xiong v. I.N.S., No. 97-3402 (7th Cir.) (173 F.3d 601) (April 12, 1999) (Judge William J. Bauer)

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

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

Xiong v. I.N.S., No. 97-3402 (7th Cir.) (173 F.3d 601) (April 12, 1999) (Judge William J. Bauer) by In this case a criminal complaint charged that defendant Xiong and his girlfriend of seven weeks, N.L.G., engaged in sexual intercourse. N.L.G. was fifteen years old at the time. The complaint also …

U.S. v. Pornes-Garcia, No. 98-1335 (2nd Cir.) (171 F.3d 142) (March 26, 1999) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Aggravated Felony

U.S. v. Pornes-Garcia, No. 98-1335 (2nd Cir.) (171 F.3d 142) (March 26, 1999) (Judge Jon O. Newman) by Here the Court stated: "The narrow issue on this appeal is whether this Court's construction of the phrase "aggravated felony" in a deportation statute applies to the same phrase used in the …

Velasquez v. Reno, No. Civ. A. 99-806 (MTB) (D.N.J.) (37 F.Supp.2d 663) (April 5, 1999) (Judge Maryanne Trump Barry)

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

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

Velasquez v. Reno, No. Civ. A. 99-806 (MTB) (D.N.J.) (37 F.Supp.2d 663) (April 5, 1999) (Judge Maryanne Trump Barry) by Here the Court held that the mandatory detention provisions of 8 USC § 1226(c) could not be applied retroactively to an alien convicted 19 years before the statute took effect …

Hermanowski v. Farquharson, No. 97-2201 (D.R.I.) (39 F.Supp.2d 148) (March 1, 1999) (Judge Ronald R. Lagueux)

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

Filed under: Punch And Jurists, Detention - Generally

Hermanowski v. Farquharson, No. 97-2201 (D.R.I.) (39 F.Supp.2d 148) (March 1, 1999) (Judge Ronald R. Lagueux) by In this case the defendant was taken into custody by the INS immediately upon completion of a state sentence, and he was hel in detention for a period of more than 28 months …