DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
Cisneros v. Elder
"The CGIA provides that sovereign immunity is waived for injuries that result from the operation of a jail. The sheriff argues that the conduct alleged in this case — that he refused to release plaintiff (after plaintiff posted bond) to comply with a hold placed on plaintiff by U.S. Immigration and Customs Enforcement — does not come within the definition of operation of a jail. We disagree. ... [T]here is no dispute that plaintiff was being held pending trial and had not been convicted of the crime for which he was being held. Plaintiff alleges he suffered injury from being detained unlawfully for almost four months after he had posted bond and was entitled to be released. ... [P]laintiff alleges that he should not have been “kept” in jail after posting bond, which raises a question of whether the sheriff properly exercised his duty by “safely detain[ing] every person duly committed thereto.” Id. We hold that a sheriff’s determination not to release an inmate after the inmate has properly posted bond lies at the heart of the sheriff’s duties and is related to the purpose and operation of a jail. Accordingly, we affirm the district court’s ruling that the sheriff in this case is not immune from suit under section 24-10-106(1)(b)."
[Hats off to my good friend Stephen G. Masciocchi!]