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Article • March 1, 2023 • from PLN March, 2023
Filed under: PLRA, Detainers
After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia by David Reutter by David M. Reutter On September 29, 2022, the U.S. Court of Appeals for the Eleventh Circuit held that a civil detainee in custody of federal Immigration and Customs Enforcement …
Article • November 28, 2017
Report Finds Medical Professionals Facilitated Torture of Alleged Terrorists by Derek Gilna by Derek Gilna The Task Force on Preserving Medical Professionalism in National Security Detention Centres issued a report slamming health care professionals voluntarily working with the military and intelligence communities who “[p]articipated in cruel, inhumane and degrading treatment …
Publication • April 13, 2017
ICE Deportation Operations, DHS, 2017 ICE Deportation Operations April 13, 2017 OIG-17-51 DHS OIG HIGHLIGHTS ICE Deportation Operations April 13, 2017 Why We Did This Inspection This is the second inspection related to U.S. Immigration and Customs Enforcement’s (ICE) management of aliens released from detention and under ICE supervision. We …
Article • November 10, 2015
Filed under: Detainers, Immigration
Third Circuit Decision an “Enormous” Victory for the Wrongfully-Detained Undocumented by Derek Gilna Third Circuit Decision an “Enormous” Victory for the Wrongfully-Detained Undocumented by Derek Gilna The Third Circuit Court of Appeals decision in the case of Galarza v. Lehigh County, Pennsylvania, which ruled that local jails need only treat …
Brief • November 12, 2014
Galarza v. Szalczyk, PA, Final Settlement Lehigh County, ICE Detention US Citizen, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ERNESTO GALARZA, Plaintiff, vs. MARK SZALCZYK, ET AL., Defendants. : : : : : No. 10-6815-JKG SETTLEMENT AGREEMENT AND RELEASE THIS AGREEMENT is made this …
Brief • November 12, 2014
Galarza v. Szalczyk, PA, Resolution to Clarify Detainer Policy, ICE Detention US Citizen, 2014 COUNTY OF LEHIGH, PENNSYLVANIA RESOLUTION NO. 2014-36 SPONSORED BY COMMISSIONERS JONES & OTT REQUESTED DATE: APRIL 24,2014 ADOPTING A RESOLUTION FOR THE COUNTY OF LEHIGH TO CLARIFY THE POLICY REGARDING DETAINERS ISSUED UNDER 8 C.F.R. §287.7 …
Brief • March 4, 2014
Galarza v. Szalczyk, PA, 3rd Circuit Opinion, ICE Detention US Citizen, 2014 PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 12-3991 _____________ ERNESTO GALARZA, Appellant v. MARK SZALCZYK; CITY OF ALLENTOWN; LEHIGH COUNTY; GREG MARINO; CHRISTIE CORREA _____________ On Appeal from the United States District Court …
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 • January 15, 2010
Probation Revocation Warrants Do Not Have To Be Executed While In Custody For Another Offense by The state does not waive a probation violation by failing to execute a probation warrant in a timely manner, the Supreme Court of Kansas decided October 31, 2008. Eric Hall sought dismissal of a …
Article • December 15, 2009
Filed under: Sentencing, Good Time, Detainers
Detainer Not Required To Receive Jail Time Credit by The filing of a detainer is not a prerequisite to receiving prior custody credit served on a related charge, the Court of Appeals of Missouri decided September 30, 2008. Carlos Mikel filed a declaratory judgment action against the Department of Corrections …
Article • December 15, 2009
Out of State Detainer Does not Prevent Civil Commitment of Sex Offender Scheduled for Release by In an opinion filed June 23, 2009, the Ninth Circuit affirmed a lower court's conclusion to allow the civil commitment of a prisoner in Washington who was about to be released to a detainer …
Article • August 15, 2008
Exclusion of Prisoners With Immigration Detainees from BOP Drug Treatment Program Upheld by The Bureau of Prisons had authority to promulgate a program statement that denied prisoners with immigration detainers lodged against them the ability to participate in a drug and alcohol treatment program that could result in sentence reduction. …
Article • May 15, 2007
Filed under: Sentencing, Detainers
IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer by IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer The United States Supreme Court held the 180-day time period to commence trial in Article III (a) of the Interstate Agreement on Detainers …
Article • May 15, 2007
Sixth Circuit Permits Bivens action Against BOP for IAD Violation by The U.S. Sixth Circuit Court of Appeals held that a federal prisoner in custody of the Bureau of Prisons (BOP) could maintain a Bivens action against the BOP Director for failing to dismiss a detainer after the receiving jurisdiction …
Fed BOP Can Declare State Prison a Place of Fed Incarceration by Hassan Abdul-Malik was in New York state custody in 1993 when he was transferred to federal custody, convicted of postal robbery, and sentenced to thirty years in federal prison. He was then returned to state custody where he …
Article • May 15, 2007
BOP Detainer Suit Dismissed by The plaintiff federal prisoner complained of a detainer lodged against him by Indiana. He asked for disposition of the Indiana charges as provided in the Interstate Agreement on Detainers, and was taken to Indiana for arraignment, then returned to federal custody, then taken back to …
Article • May 15, 2007
IAD Not Violated; "Law of the Case" Controls by IAD Not Violated; "Law of the Case" Controls The U.S. Sixth Circuit Court of Appeals held that a prisoner's incarceration in a county jail on parole violations while also awaiting trial on federal charges was not a "term of imprisonment" under …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by Douglas Krohne, a prisoner at Walla Walla,( Washington, filed a 42 U.S.C. §1983 action in the Western District of Washington federal court. He brought claims for the failure of prison officials failing to advise him …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by $3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC Douglas Krohne, a prisoner at Walla Walla, Washington, filed a 42 U.S.C. § 1983 action in the Western District of Washington …
Rhode Island Prisoner Awarded $3,900 for False Imprisonment by A Rhode Island jury awarded a prisoner $3,900 for false imprisonment on April 21, 2004. In August 1994, William Ross was incarcerated and held by the Rhode Island Department of Corrections (RIDOC) on a minor larceny charge. During his incarceration, the …
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