bond hearing
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Federal judges’ responses vary to immigration authorities’ disregard of orders
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Colorado’s U.S. District Court judges have responded in recent days to the government’s violations of, or unclear compliance with, their orders in immigration detention cases, resulting in directives to immediately free the petitioners. “I’m just struggling to understand how he was removed from the United States even though (the government acknowledges) he could not be…
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Colorado’s chief federal judge breaks with colleagues on issue of mandatory immigration detention
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Chief Judge Daniel D. Domenico broke with his peers on Colorado’s U.S. District Court last week in siding with the government’s argument about the broad scope of its immigration detention authority. In an April 15 order finding that a man was properly in custody without a bond hearing, Domenico acknowledged his view is the outlier…
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State Supreme Court to hold oral arguments, federal judges find fault with bond hearings | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court will resume hearing oral arguments tomorrow, plus some federal judges are raising the alarm about immigration judges’ handling of bond hearings. Oral argument calendar • The Colorado Supreme Court will hold oral arguments in six cases this…
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Federal judge releases man after 2 immigration judges disobey order
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A federal judge released a man from immigration detention on Thursday after two different immigration judges disobeyed his order in the same case. “At this point, the Court has granted Respondents two bites at the apple to prove detention of Petitioner was warranted,” wrote U.S. District Court Judge Gordon P. Gallagher. “It will not allow…
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Federal judge warns of increasingly inadequate immigration bond hearings
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A federal judge ordered the immediate release of a man in immigration custody last week and, seemingly for the first time in Colorado, warned that the government is increasingly conducting inadequate bond hearings for detainees. Colorado’s federal trial court is facing a flood of “habeas corpus” petitions from those in immigration detention. The most common allegation…
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Federal judge releases man immediately as consequence for immigration judge disobeying orders
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A federal judge ordered a man’s immediate release from immigration detention on Thursday after finding an immigration judge disregarded his prior orders requiring a bond hearing. For the past year, Colorado’s federal district court has faced a flood of “habeas corpus” petitions from those in immigration detention. The most common allegation is that the government is…
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Federal judge believes government would follow her orders on immigration detention ‘under normal circumstances’
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A federal judge agreed on Thursday that she would allow a class of approximately 500 people in Colorado’s immigration detention to challenge the government’s refusal to set their bond, which she already found to be a likely violation of the law. At the same time, U.S. District Court Judge Regina M. Rodriguez said she was…
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‘That’s wrong’: Federal judge finds government unlawfully denied bond hearing to detained noncitizen
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A federal judge concluded on Tuesday that the government had wrongly believed it could detain a noncitizen without holding a bond hearing, thereby violating his right to due process. U.S. District Court Judge Charlotte N. Sweeney reached that determination in the case of Javier Andres Garcia Cortes at the same time a proposed class action…
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Federal judge calls government unjustified in attempt to keep non-citizen detained
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A federal judge has determined the government was unjustified in its fight to keep a woman locked up in an Aurora immigrant detention center while her deportation case proceeded. U.S. District Court Judge Charlotte N. Sweeney ordered the federal government last September to hold a hearing to determine whether Brenda Viruel Arias should be released from…