Collateral Estoppel IJ Victory in Seattle

Devin Theriot-Orr writes: "From IJ Tammy Fitting in Tacoma. The decision reopens a 1996 Anna Ho deportation order based on a 2011 habeas corpus decision from the E.D. Wash. holding that the deport order violates due process. Some nice language on collateral estoppel. The real take away from this...

CA3 on habeas, bond, detention: Leslie v. Atty. Gen.

"Petitioner Neville Leslie, a Jamaican alien, has been incarcerated since March 28, 2008 without a bond hearing. He now seeks a bond hearing as provided by 8 U.S.C. § 1226, contending that his continued detention by United States Immigration and Customs Enforcement (“ICE”) for four...

Detention Habeas Victory in Pennsylvania: Bautista v. Sabol

Raymond Lahoud writes: "We had a very good victory today in the MDPA with respect to mandatory detention. This is a case that I have been working on for years and was before the BIA for oral arguments last year. The District Court granted our habeas petition in a strongly worded opinion...

D. Ariz. on Due Process: Ilyabaev v. Kane (Habeas)

"In their Petition for Writ of Habeas Corpus, Petitioners do not challenge the decisions made by the IJ or the BIA. Instead, they claim that CIS violated their right to due process by failing to follow its own regulation - 8 C.F.R. § 103.2(b)(16)(i) - requiring it to notify them of any adverse...

Unpub. CA10 Habeas / Jurisdiction Victory: Musau v. Carlson

"On appeal, Mr. Musau reiterates that he has no means, other than his petition for a writ of habeas corpus, by which to enforce his rights under the CATOC. He appears to be correct, at least at present, insofar as immigration tribunals are concerned. IJs and the BIA have no authority to grant any...

Emergency Mandamus Filed in CA9; ICE Detains U.S. Citizen; District Court Fails to Act

"On May 30, 2012, Petitioner Esteban Tiznado-Reyna filed a petition for writ of habeas corpus and motion for preliminary injunction to the United States District Court of the District of Arizona. See Exhibit 1, Docket Report for 12-cv-01159-SRB-SPL. In this petition, Mr. Tiznado-Reyna contends that...

Habeas Victory in Arizona: Fernandez Unzueta v. Kane

Kara Hartzler writes: "I wanted to pass on a great decision we got today granting a preliminary injunction in a habeas case in the Arizona district court. The client is an LPR who has been detained for five years and was denied bond on the basis of being an arriving alien. Today the district court...

Habeas / Coram Nobis Victory in Indiana: Montes-Flores v. USA

"For the reasons explained in this Entry, the motion of Sandra Montes-Flores for relief pursuant to 28 U.S.C. § 2255 or, in the alternative, for a writ of error coram nobis, must be granted. ... Montes-Flores was prejudiced by counsel's failure to inform Montes-Flores that a conviction...

Another 'When...Released' Habeas Victory: Vicencio v. Shanahan

"This matter is before the Court on Alamiro Madrid Vicencio ("Petitioner")'s Petition for a Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241. Petitioner is detained at Monmouth County Correctional Facility and challenges his mandatory detention, alleging it is unlawful...

Habeas 'When Released' Victory in California: Mejia Espinoza v. Aitken

"[T]he facts show that Petitioner was not detained by ICE until 11 months after her arrest and 6 months after criminal conviction. Since there is no evidence to suggest that Petitioner hid from immigration authorities or did anything other than return to her home in Oakland, those time periods cannot...

Habeas 'When Released' Victory in California: Bumanlag v. Durfor

"The court concludes that petitioner is not subject to mandatory detention under § 1226(c) and will therefore grant his application for habeas corpus relief. The court agrees with the reasoning of the decisions of the majority of courts to have considered this issue, including all other district...

Habeas 'When...Released' Victory in Colorado: Nieto Baquera v. Longshore

"The statute, read as a whole, gives immigration officials the power to detain and release aliens, except for a limited class of criminals who shall be mandatorily detained “when . . . released.” The “when . . . released” phrase is a direction to the authorities that certain...

'When Released' Habeas Victory in Mass. - Castañeda v. Souza

Gregory Romanovsky writes: "A very thorough analysis on the "when released" issue and some great language in the attached district court's decision : "This lack of analysis in Hosh is startling and likely the reason why the Hosh decision has had little impact as a persuasive precedent...

Unpub. BIA Sua Sponte Reopening Victory (Habeas, Pickering) in Detroit

Tsui H. Yee of Guerrero Yee LLP writes: "I'm happy to share a favorable decision I just received from the BIA, granting my motion to reopen removal proceedings on behalf of a client who was deported based on an aggravated felony conviction which was was later held by a district court judge to...

Another 'When...Released' Habeas Victory: Gordon v. Napolitano

"Plaintiff, a lawful permanent resident being held by the government pursuant to 8 U.S.C. § 1226(c), has brought a petition for writ of habeas corpus seeking an individualized bond hearing to challenge his immigration detention. ... the plain language of the statute, Congress's intent in...

Class Action Victory in Mass. 236(c) Litigation: Reid v. Donelan

Michael J. Wishnie , William O. Douglas Clinical Professor of Law and Deputy Dean for Experiential Education, Yale Law School, writes: "Yesterday afternoon, Judge Ponsor (D.Mass.) certified a class defined as: "All individuals who are or will be detained within the Commonwealth of Massachusetts...

Federal Court Slaps ICE, Grants Class Action

"Since he was taken into custody in November 2012 by immigration agents, New Havener Mark Reid has been fighting for his release. As of this week, dozens of other detainees can join his fight. Reid, who’s 49, will be the lead plaintiff on a class action lawsuit brought by people held...

Another 'When Released' Habeas Victory: Masih v. Aviles

"[B]ecause Mr. Masih was not released from postconviction physical custody, the Government is not authorized to hold him in mandatory detention pursuant to section 1226(c)." - Masih v. Aviles, May 20, 2014 . [Hats off to Michael Z. Goldman !]

Zadvydas Habeas Victory in Pa. - Woods v. Sabol

Raymond Lahoud writes: " Attached is a decision rendered [by] the MDPA. The habeas petition was filed on 06/01/14, briefing was expedited and the gov't responded on Friday (06/06/2014) and the Judge granted the habeas today. He has been an LPR since 1991 (came in when he was 13). He is now 37...

Exiled American Sues CBP: Olivas v. Whitford

"Plaintiff-Petitioner (hereinafter, Plaintiff) Oscar Ivan Olivas is a 45-year-old natural-born U.S. citizen who Customs and Border Protection (CBP) officials unlawfully exiled to Mexico almost three years ago. Mr. Olivas has repeatedly attempted to avail himself of administrative remedies to end...