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PLRA Doesn't Apply to Immigration Detainees
Loaded on July 15, 1997
published in Prison Legal News
July, 1997, page 11
The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) does not apply to immigration detainees. Anthony Ojo was convicted of a drug offense, sentenced to five years in prison and after completing that sentence the Immigration and Naturalization Service (INS) began deportation proceedings …
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More from this issue:
- Edwards v. Balisok: A Partial Victory for Prisoners, by David C Fathi
- Not All Things Considered
- From the Editor, by Dan Pens
- Ruchell Cinque Magee: Sole Survivor Still, by Mumia Abu-Jamal
- Trouble Coming Every Day; ADX-The First Year, by Ray Luc Levasseur
- Prisoners Roasted Alive
- Prison Pay Policy May Violate Court Access
- Administrative Exhaustion Requirements Not Retroactive
- Automatic Stay Provisions
- PLRA Filing Fees Not Applicable to Habeas
- Filing Fees Required in Civil Mandamus
- Consent Decree Termination
- Special Masters
- 6th Circuit Upholds PLRA IFP Provisions
- PLRA Doesn't Apply to Immigration Detainees
- Physical Injury Requirement Not Retroactive
- A Matter of Fact
- New York Smoking Suit Set for Trial
- Puerto Rican POW 'Graduated' from ADX Florence to USP Marion, by Daniel Burton-Rose
- Washington Prisoner Escapes from State's Most Secure Lockup
- Private Prison Disciplinary Action Subject to Colorado Court Review
- Judge Rules Texas Prisoner's Death a Result of Excessive Force
- Prisoners of Colonialism: The Struggle for Justice in Puerto Rico, by Daniel Burton-Rose
- In Defense of Mumia, by Daniel Burton-Rose
- Death Blossoms, by Mark Cook
- Suit Seeks to Expose BOP 'Suicide' Cover-up
- Jury Trial May Require Plaintiffs' Presence
- Hygiene and Retaliation Claims Require Trial
- Lucasville Uprising: $4.1 Million Settlement
- Plight of Undertrial Prisoners in India, by Sankar Sen
- News in Brief
- State Must Pay for Prisoner Witnesses
More from these topics:
- SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.
- Fourth Circuit Rules in Favor of Prisoner’s Eligibility for Time Credits, Nov. 1, 2025. Good Time, Habeas Corpus, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Death/Bodily Injury, Sentencing Findings.
- Eleventh Circuit Overturns 1990 Alabama Death Sentence Over Racially Biased Jury Selection; ACLU Report Shows It Is Still Happening, Nov. 1, 2025. Racial Discrimination, Habeas Corpus, Death Penalty, Batson Claims, Racial Bias Exception.
- Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit, Nov. 1, 2025. Filing Fees (PLRA), Frivolous Litigation, Sovereign Immunity, Access To Courts.
- Ninth Circuit Springs California Prisoners from “Catch-22” Reading of PLRA, Oct. 1, 2025. Filing Fees (PLRA), Mental Health.
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Trump’s “Big Beautiful Bill” Gave Massive Handouts to ICE and Private Prison Industry, Aug. 1, 2025. Corrections Corporation of America/CoreCivic, GEO Group/Wackenhut, Immigration.
- Shady Firm Awarded $78 Million Contract for Services at Florida’s “Alligator Alcatraz”, Aug. 1, 2025. Private Prisons, Environmental Law, Immigration.
- News in Brief, Aug. 1, 2025. Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.

