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U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner by The Third Circuit Court of Appeals reversed an immigration detainee’s $642,398.57 attorney fee award, finding that “the District Court’s degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict.” …
Deplorable Conditions at Los Angeles ICE Facility Result in Settlement by Brandon Sample Being locked up is bad enough. But imagine being held in a basement without basic essentials like drinking water, clean clothes, the ability to shower, a toothbrush and toothpaste, and medical care. Thousands of immigration detainees in …
Article • August 15, 2010 • from PLN August, 2010
U.S. Supreme Court: Counsel Must Advise Immigrant Defendants of Deportation Risks by An immigrant charged with a criminal offense must be advised of the deportation consequences associated with pleading guilty, the U.S. Supreme Court held on March 31, 2010. Jose Padilla was charged with drug trafficking after he was caught …
Article • August 15, 2010 • from PLN August, 2010
$145,000 Settlement by New York City After Holding Immigration Detainee Beyond 48 Hours by David Reutter by David M. Reutter A $145,000 settlement by the New York City Department of Corrections (DOC) provides a new twist in the area of immigration law. The main allegation in the complaint was that …
Article • August 15, 2010 • from PLN August, 2010
ICE Policies and U.S. Deportation Laws Violate Human Rights by Gary Hunter A 64-page report issued last year by Human Rights Watch (HRW), a non-profit watchdog organization, indicates that changes in U.S. deportation laws implemented by Congress in 1996 are mostly targeting immigrants who commit nonviolent crimes. Statistical data accumulated …
Article • July 15, 2010 • from PLN July, 2010
Second Circuit Ruling in Post-9/11 Immigration Detention Case by Matthew Clarke by Matt Clarke On December 18, 2009, the Second Circuit Court of Appeals issued an opinion in a federal class-action suit brought by illegal immigrants arrested in sweeps following the 9/11 attacks and incarcerated at the Metropolitan Detention Center …
Article • July 15, 2010 • from PLN July, 2010
Filed under: International, Immigration
California Counties Vie to House ICE Prisoners by Michael Brodheim Santa Clara County, California – where local law enforcement authorities have policies against cooperating fully with Immigration and Customs Enforcement (ICE) in terms of enforcing immigration laws – has turned a blind eye to its pro-immigration values and contracted with …
Article • July 15, 2010 • from PLN July, 2010
Filed under: Sentencing, Immigration
Oregon Offers Early Release to Illegal Immigrants Who Consent to Deportation by Michael Brodheim Seeking to cut costs in the face of a recession that has forced many states to reconsider their criminal justice priorities, Oregon officials have signed a memorandum of understanding with the U.S. Department of Homeland Security’s …
Article • July 15, 2010
Ninth Circuit Okays Class Action Against ICE by The U.S. Court of Appeals for the Ninth Circuit has reversed the denial of class certification in a habeas corpus proceeding challenging the Immigration and Customs Enforcement’s (ICE) bond practices in the Central District of California. The suit alleged that ICE was …
Publication • June 30, 2010
Asset Forfeiture Handbook, ICE, 2010 Department of Homeland Security Homeland Security Investigations Asset Forfeiture Handbook HSI HB 10-04 June 30, 2010 OFFICIAL USE ONLY Foreword The Asset Forfeiture Handbook provides a uniform source of national policies, procedures, responsibilities, guidelines, and controls to be followed by U.S. Immigration and Customs Enforcement …
Dozens of CIA “Ghost” Detainees Unaccounted For by Matthew Clarke by Matt Clarke A U.S. Dept. of Justice memo, released in April 2009, indicated the CIA had 94 people in secret prisons scattered around the world as of mid-2005, and the agency had “employed enhanced techniques to varying degrees in …
Iraq: Unrest at Abu Ghraib as Camp Bucca Closes by Matthew Clarke by Matt Clarke In September 2009 the U.S. military closed Camp Bucca in Iraq, once its largest detention facility, and the prison at Abu Ghraib experienced a two-day uprising. Camp Bucca cost the U.S. $50 million to build …
Article • May 15, 2010 • from PLN May, 2010
Methadone Vending Machines Installed in British Prisons by Fifty-seven methadone vending machines have been installed in British prisons in an effort to help opiate-addicted prisoners manage their drug addictions without resorting to illegal heroin supplies available behind bars. The machines dispense individualized doses of methadone to registered prisoners after a …
Military Contractors Granted Summary Judgment by On September 11, 2009, Iraqi citizens, Haidar Muhsin Saleh and Ilam Nassir Ibrahim, lost their appeal to the District of Columbia Circuit in regard to lawsuits filed against two private military contractors. The two men represented a group of plaintiffs who alleged they or …
Article • May 15, 2010
Deportation Order Not Determinative of SSOSA Sentence in Washington State by The State of Washington Court of Appeals has held that a trial court abused its discretion when it refused to consider a special sex offender sentencing alternative (SSOSA) based on its mistaken belief that it lacked authority to impose …
Article • April 15, 2010 • from PLN April, 2010
Filed under: Financing, Immigration, News
Crisis in Reverse: Counties Struggle with Dwindling Jail Populations by Gary Hunter Morgan County, Missouri was in dire financial straits before contracting with U.S. Immigration and Customs Enforcement (ICE) to house immigration detainees at the county’s jail. For a while things were great – Sheriff Jim Petty replaced his worn-out …
Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal by On August 10, 2009, the Fourth Circuit Court of Appeals upheld the conviction of a CIA contractor who beat to death a detainee at a U.S. military outpost in Afghanistan. The contractor’s sentence was reversed due to …
The Maricopa Courthouse WAR by Terry Carter Posted Apr 1, 2010 4:45 AM CDT On Dec. 21, in the afternoon sunshine that passes for winter in Phoenix, several hundred well-dressed protesters—most of them lawyers—gathered on the Maricopa County courthouse plaza. Summoned by an e-mail from a local lawyer, they brought …
Canadian Appellate Court Affirms $12,000 Judgment for Prisoner by On June 2, 2009, a Canadian appellate court affirmed a decision by Federal Court Prothonotary Martha Milczynski awarding $12,000 to Barry Carr, a federal prisoner. Carr had accused Correctional Service of Canada (CSC) of negligence and breaching its duty of care …
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