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Immigration Detainee Loses Failure to Protect Suit by The plaintiff immigration detainee was attacked by another prisoner and was warned not to retaliate against him. He was involved in a second altercation the next day in which the other prisoner "got cut"; the plaintiff was later criminally convicted for the …
Federal Escape Statute of Limitations Not Triggered Until Return to Custody by Naturalized U.S. citizen and federal prisoner Guillermo Gonzalez appealed his 2006 escape conviction, arguing that the district court failed to instruct the jury on the statute of limitations for escape. His conviction was affirmed. While serving an eight …
Article • August 15, 2008
CHP's Liability for Excessive Force May Depend on Plaintiff's Immigration Status by Pretrial motions in a California U.S. District Court were determined in 2006 concerning Jose Angel Martinez Romero's immigration status as it pertained to his § 1983 excessive force action against the California Highway Patrol (CHP). The CHP's motion …
Article • August 15, 2008
Immigrant Fugitives Precluded from Appealing Immigration Judge's Decision by Fugitive Disentitlement Doctrine by Raju Raj Giri and his wife and child legally entered the U.S. in July 2003 and were entitled to remain in the country for 5 months. When their time expired they applied for asylum, but an immigration …
Article • June 15, 2008 • from PLN June, 2008
Defunct Louisiana Juvenile Private Prison Reactivated by GEO for Immigrants by A Jena, Louisiana private prison with a troubled past will experience rebirth as an immigrant detention center. The facility, built by the failed N-Group Securities company as part of a scam run by Patrick and Michael Graham, once held …
Article • May 15, 2008
Colorado law Denying Bail to Criminal Aliens Unconstitutional by A statute requiring that criminal aliens detained for deportation hearings be held without bond denies due process on its face because, substantively, it is a deprivation of liberty and is not narrowly tailored to meet valid legislative goals, and procedurally, denies …
Ninth Circuit Upholds Discipline of Immigration Prisoner; PLRA Does Not Apply by The plaintiff, an immigration detainee, was in the law library when some visitors came in, and he made some disparaging remarks about the institution, handed them a flyer, and suggested they could not believe what officials told them. …
Federal Prisons Not Subject to ADA by The hearing-impaired plaintiff complained of his treatment in a Wackenhut facility while awaiting deportation. Since he has now been deported, his claim about conditions is moot, and the court lacks jurisdiction to overturn his deportation even though he says he elected not to …
Article • May 15, 2008
Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals by Dismissals under 28 U.S.C. § 1915(e)(2)(B)(1) are governed by abuse of discretion standard At 940: "In determining whether a district court abused its discretion, we consider factors such as 'whether (1) the plaintiff is proceeding pro se, (2) …
Article • May 15, 2008
No Right to Interpreters for IWS Application Process by Due process does not require the government to provide competent interpreters for interviews by INS personnel with applicants for status as Special Agricultural Workers. The applicants' interest is qualitatively different from that of one defending against criminal prosecution, deportation, or exclusion. …
Publication • April 14, 2008
Department of Homeland Security - ICE Undercover Operations Handbook, 2008 Department of Homeland Security Office of Investigations Undercover Operations Handbook OI HB 08-04 April 14, 2008 OFFICIAL USE ONLY Foreword The Undercover Operations Handbook provides a single source of national policies, procedures, responsibilities, guidelines, and controls for U.S. Immigration and …
Fabian et al v. Dunn et al, TX, Complaint, juvenile immigrant guard brutality denial of counsel, 2008
Article • February 15, 2008 • from PLN February, 2008
Colorado Farms Out Prisoners to Replace Immigrant Farm Workers by Colorado is renting its prisoners to local farmers to replace migrant agricultural workers - mostly Mexican and Central American - who have been scared away by the state's restrictive immigration laws. In 2006, the Colorado legislature passed what it trumpeted …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
California Lifer’s Governor-Parole-Reversal Tossed by State Court by Marvin Mentor California Lifer's Governor-Parole-Reversal Tossed by State Court by Marvin Mentor A decision by Governor Schwarzenegger to reverse the Board of Parole Hearing's (BPH) grant of parole to an infirm, 82-year-old lifer was itself reversed by the California Court of Appeal. …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
Illegal Alien Not Required to Submit Dual Parole Plans in California by California's First District Court of Appeals has held that a prisoner is not required to prepare a parole plan for both California and a country he will be deported to if there is a conclusive presumption that he …
CCA-Run Immigrant Family Detention Center in Texas Violates Settlement Conditions by Matthew Clarke by Matt Clarke On April 9, 2007, a federal district court in Texas held that the conditions of confinement at a privately-run facility used by Immigration and Customs Enforcement (ICE) to hold families detained due to immigration …
Publication • January 15, 2008
Denaturalization Investigations Handbook, U.S. Immigration & Customs Enforcement, 2008 Department of Homeland Security Office of Investigations Denaturalization Investigations Handbook OI HB 08-01 January 15, 2008 OFFICIAL USE ONLY Foreword The Denaturalization Investigations Handbook provides a single source of national policies, procedures, responsibilities, guidelines, and controls that should be followed by …
Jama et al v. Esmor Correctional Services, NJ, Memo in Support of Plf Mot for Atty Fees, immigration beating, 2008 Case 2:97-cv-03093-DRD-MAS Document 544 Filed 01/08/2008 Page 1 of 43 Derek S. Tarson, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 (212) 909-6000 UNITED STATES …
Jama et al v. Esmor Correctional Services, NJ, Plf Notice of Mot for Atty Fees, immigration beating, 2008 Case 2:97-cv-03093-DRD-MAS Document 541 Filed 01/08/2008 Page 1 of 2 Derek S. Tarson, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 (212) 909-6000 UNITED STATES DISTRICT COURT …
Brief • December 26, 2007
Jama et al v. Esmor Correctional Services, NJ, Order, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 540 Filed 12/26/2007 Page 1 of 1
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