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Rodriguez v. Robbins, No. 12-56734 (9th Cir.) (715 F.3d 1127) (April 15, 2013) (Judge Kim McLane Wardlaw)

Article • July 29, 2013 • from P&J July, 2013

Filed under: Punch And Jurists, Right to Hearing

Rodriguez v. Robbins, No. 12-56734 (9th Cir.) (715 F.3d 1127) (April 15, 2013) (Judge Kim McLane Wardlaw) by This is another of the many recent cases dealing with America’s growing and ugly predilection for locking people for long periods of time up without giving them a hearing. In this case, …

U.S. v. Bailey, No. 07-3719-cr (L) (2nd Cir.) (652 F.3d 197) (July 6, 2011) (Judge Jose A. Cabranes)

Article • December 1, 2011

Filed under: Punch And Jurists, During Execution of a Search Warrant

U.S. v. Bailey, No. 07-3719-cr (L) (2nd Cir.) (652 F.3d 197) (July 6, 2011) (Judge Jose A. Cabranes) by Conviction and sentencing of defendant on drug trafficking charges are upheld where the district court properly denied defendant's motion to suppress evidence obtained during a detention because the detention was justified …

Clark v. Martinez, No. 03-878 (U.S. Supreme Court) (543 U.S. 371; 125 S.Ct. 716) (January 12, 2005) (Justice Scalia)

Article • October 6, 2009 • from P&J December, 2004

Filed under: Punch And Jurists, Detention - Generally

Clark v. Martinez, No. 03-878 (U.S. Supreme Court) (543 U.S. 371; 125 S.Ct. 716) (January 12, 2005) (Justice Scalia) by In this case, the Supreme Court considered the cases of Sergio Suarez Martinez and Daniel Benitez. Martinez and Benitez came to the United States from Cuba in 1980 as part …

Hernandez-Carrera v. Carlson, No. 08-3097 (10th Cir.) (547 F.3d 1237) (November 12, 2008) (Judge Michael W. McConnell)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Detention - Generally

Hernandez-Carrera v. Carlson, No. 08-3097 (10th Cir.) (547 F.3d 1237) (November 12, 2008) (Judge Michael W. McConnell) by Petitioners, aliens who were found to pose a special danger to the public under 8 C.F.R. § 241.14(f) and detained pursuant to 8 U.S.C.S. § 1231(a)(6), challenged their continued detention and were …

Ogunwomoju v. U.S., No. 06-3734-pr (2nd Cir.) (512 F.3d 69) (January 7, 2008) (Judge Roger J. Miner)

Article • February 1, 2008 • from P&J February, 2008

Filed under: Punch And Jurists, Immigration Detention

Ogunwomoju v. U.S., No. 06-3734-pr (2nd Cir.) (512 F.3d 69) (January 7, 2008) (Judge Roger J. Miner) by Where 28 U.S.C.S. § 2254 petition challenging alien's state court conviction was filed after alien served his state court sentence and while alien was in immigration custody as consequence of state court …

Orantes-Hernandez v. Gonzales, No. CV 82-01107 MMM (C.D.Cal.) (504 F.Supp.2d 825) (July 23, 2007) (Judge Margaret M. Morrow)

Article • July 1, 2007 • from P&J July, 2007

Filed under: Punch And Jurists, Detention - Generally

Orantes-Hernandez v. Gonzales, No. CV 82-01107 MMM (C.D.Cal.) (504 F.Supp.2d 825) (July 23, 2007) (Judge Margaret M. Morrow) by This is an important decision that affects the rights of some 230,000 immigrants who are detained by the U.S. each year in some 201 separate detention centers. This particular order had …

Harbin-Bey v. Rutter, No. 04-1458 (6th Cir.) (420 F.3d 571) (July 22, 2005) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Right to Hearing

Harbin-Bey v. Rutter, No. 04-1458 (6th Cir.) (420 F.3d 571) (July 22, 2005) (Judge Ronald Lee Gilman) by Plaintiff inmate sued defendant prison officials under 42 U.S.C.S. § 1983, claiming that his designation as the leader of a Security Threat Group (STG) without a hearing violated his constitutional rights. The …

U.S. v. Cabrera, No. 03-1890 (1st Cir.) (145 Fed. Appx. 373) (June 14, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Right to Hearing

U.S. v. Cabrera, No. 03-1890 (1st Cir.) (145 Fed. Appx. 373) (June 14, 2005) (Per Curiam) by In this case the defendant/appellant argued that the district court had erred by not holding an evidentiary hearing at the time of sentencing regarding the issue of drug quantity. That argument evoked the …

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 …

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 …

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 …

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 …

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 …

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 …