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Article • August 15, 2008
Catalyst Theory Doesn’t Apply to EAJA by Mirta Morillo-Cedron and other immigrants (plaintiffs) applied for U.S. citizenship, but the District Director for the U.S. Citizenship and Immigration Services (Director) didn’t act on their applications. The plaintiffs sued to compel action in federal district court. Before the court ruled, the Director …
Article • August 15, 2008
Habeas Release Granted to Immigration Detainee After 3 Year Wait for Removal Proceedings by Morocco citizen Mourad Madrane petitioned pro se for a writ of habeas corpus to end his prolonged detention while awaiting deportation proceedings following his aggravated felony convictions for various access device fraud charges. The writ was …
Peruvian National’s Extradition Ordered for Killing Innocent Children, Civilians by The U.S. Department of Justice (DOJ) appealed a 2005 U.S. District Court ruling that prevented the extradition of Peruvian national Wilmer Ordinola. The DOJ argued that his heinous crimes against innocent children and civilians did not fall under the political …
Article • August 15, 2008 • from PLN August, 2008
United Kingdom Creates Foreigner Only Prisons by David Reutter In mid-2007, the United Kingdom (UK) designated two detention facilities to be occupied solely by foreign national prisoners. If the plan is successful, the government intends to expand the practice beyond the Bullwood Hall and Canterbury prisons. The move comes as …
PLRA Applies to Immigration Detainee’s Conditions Suit by The plaintiff is an INS detainee. The court says that his failure to exhaust administrative remedies pursuant to the PLRA is sufficient reason to dismiss, contrary to other courts that have held immigration detainees not to be prisoners under the PLRA. The …
Colorado County Sheriff, Jail Nurse Liable For Detainee's Leg Amputation, Illness by Park County (Colorado) Jail detainee and Mexico citizen Moises Reyes brought § 1983 and state law action against the Park County Board of County Commissioners (BCC), Sheriff Fred Wegener, Captain Monte Gore and nurse Vickie Paulsen after losing …
Illinois Jail Detainee's Death Related Medical Documents Ordered Disclosed by Abdelkadir Belbachir brought federal and state action against McHenry County (Illinois) in 2006 after his cousin, Hassiba Belbachir, died in the county jail. He motioned to compel documents declared exempt under the peer review privilege (privilege) of the State Medical …
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 • June 15, 2008
The Torture Election: Fighting for the Soul of the American Psychological Association by Jeffrey S. Kaye By Jeffrey S. Kaye, AlterNet Posted on April 23, 2008 Printed on June 23, 2008 In a surprising turn of events, New York psychologist Steven Reisner won over 30% of the votes in the …
Article • May 15, 2008
Judicial Review Available for Denial of International Transfer by The plaintiff complained that he was denied a transfer to a Canadian prison under the Convention on the Transfer of Sentenced Persons based on his race or nationality or on his exercise of protected rights. The government argued that there is …
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. …
Canadian Death Row Prisoners' International Law Claims Rejected by The plaintiff, a Canadian sentenced to death in the United States, alleged that he had been subjected to psychological torture in violation of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment because of his nine execution …
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 Cause of Action Under International Law for Medical Experiments by Plaintiffs complaining about being subjected to medical experiments in a mental hospital "have not established a cause of action for civil responsibility for crimes against humanity." (42) Although international law "is an inseparable part of American jurisprudence and as …
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