David Isaacson, Apr. 9, 2024 "On March 7, 2024, the Republican-led U.S. House of Representatives passed the “Laken Riley Act”, H.R. 7511 . The bill was named after a murder victim from Georgia, whose “alleged murderer”, as the bill...
Gayle v. Warden "Under 8 U.S.C. § 1226(c), the Government must detain noncitizens who are removable because they committed certain specified offenses or have connections with terrorism, and it must hold them without bond pending their removal proceedings...
Judah Lakin writes: "We wanted to share an exciting decision we received on Friday from Judge Freeman in the Northern District of California on Friday granting our client a bond hearing. We, together with our co-counsel Jenny Zhao and Monica Ramsy from Asian...
Nielsen v. Preap (5-4) Justice Alito for the majority: "[T]he United States Court of Appeals for the Ninth Circuit held that this mandatory-detention requirement [8 U. S. C. §1226(c)] applies only if a covered alien is arrested by immigration officials as...
Sopo v. U.S. Attorney General, June 15, 2016 - "We recount Sopo’s: (1) personal background; (2) protracted removal proceedings; and (3) federal habeas case. We then discuss (4) the federal statutory framework governing the civil detention of criminal aliens...
Chairez-Castrejon v. Bible, May 19, 2016 - "Although Mr. Chairez advocates for the use of the Second and Ninth Circuits’ bright-line rule, he argues that under either approach, he is entitled to a bond hearing because his detention has been unreasonably prolonged...
Reid v. Donelan, Apr. 13, 2016 - "The district court held that detention pursuant to § 1226(c) for over six months was presumptively unreasonable and granted summary judgment to the class, thereby entitling each class member to a bond hearing. With respect...
Castañeda v. Souza, Dec. 23, 2015 - "We conclude that Congress intended for the present detention mandate to operate like its precursors and thus that its bar to bonded release applies only to those specified criminal aliens whom the Attorney General took...
Hats off to Steven Lyons, Martin C. Liu & Associates PLLC, New York, for this Dec. 11, 2015 unpublished BIA victory : "In the respondent's case, he did not drive under the influence with a suspended license but rather operated a motor vehicle with...
"[W]e join the Third, Fourth, and Tenth Circuits in holding that DHS retains its authority and duty to detain an alien even if not exercised immediately upon the alien’s release. Regardless of whether “when . . . released” contemplates detainment immediately...
"Chavez-Alvarez appeals the District Court’s denial of his petition for a writ of habeas corpus. He contends that the Government is violating his right to due process by detaining him, pursuant to 8 U.S.C. §1226(c), without a bond hearing since June 5, 2012...
"For aliens, a criminal conviction can often result in removal (deportation). When an alien is convicted and the federal government seeks removal, an immigration judge can ordinarily conduct a bond hearing to decide whether the alien should be released or...
"The [government's] petition for rehearing en banc is granted. In accordance with customary practice, the panel opinion [ 769 F.3d 32 ] released on October 6, 2014 is withdrawn, and the judgment entered on the same date is vacated. ... The parties have...
"Today in the United States, mandatory immigration detention imposes extraordinary deprivations of liberty following ordinary crimes—if the person convicted is not a U.S. citizen. Here, I explore that disparate treatment, in the first detailed examination...
Gerardo Candelario-Torres , A087 968 160 (BIA Jan. 14, 2011) In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was not subject to mandatory detention based on his assault conviction under Cal. Penal Code 240 because...