habeas corpus
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Federal judge to government: Shutdown not an excuse for delaying noncitizen’s challenge to detention
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A federal judge rejected the government’s request last week to extend the deadlines in an immigration-related case due to the lapse in congressional funding, reminding the U.S. Department of Justice that constitutional rights are at stake. “The Government is constitutionally obligated to provide due process to Petitioner,” wrote U.S. District Court Judge Gordon P. Gallagher…
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Federal judge weighs release of detained man tortured in home country
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A federal judge on Friday considered whether to release a man in custody who suffered torture at the hands of government authorities in his home country and who remains detained, even after prevailing on multiple occasions in recent immigration proceedings. Exactly two years ago, the Denver-based federal appeals court concluded an immigration judge’s decision to…
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Federal judge directs government to respond to allegation it violated restraining order
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A federal judge on Monday directed the federal government to respond to a claim that it moved a man in immigration detention outside out Colorado, despite a temporary restraining order forbidding such a transfer. Because of the federal rules governing immigration cases, the vast majority of Hossein Batooie’s three-week-old proceedings is shielded from public view. However, his…
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Federal judge IDs flaw with Tina Peters’ request for release
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A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal. Jurors convicted Peters for her role in a security breach of her office’s voting equipment. She is currently serving a…
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Federal judge skeptical of government’s assurances that alleged ‘alien enemies’ will receive process
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A federal judge on Monday signaled she is not fully prepared to take the government at its word that it would provide appropriate procedures for non-citizens to contest their removals under an 18th Century “alien enemies” law and instead said the government’s recent actions suggested due process would not actually happen. U.S. District Court Judge…
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Federal judge temporarily prohibits removal of ‘alien enemies’ as detainees challenge Trump proclamation
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A federal judge on Monday clarified that she is temporarily halting the government from removing all Venezuelan nationals from Colorado pursuant to a presidential proclamation invoking an 18th Century law against “alien enemies.” U.S. District Court Judge Charlotte N. Sweeney, a Joe Biden appointee, prohibited the removal of those who would be covered by a…
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Federal judge to hold hearing on detention of immigration activist Jeanette Vizguerra
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A federal judge on Wednesday scheduled a hearing for next week on the petition filed by prominent Denver immigration advocate Jeanette Vizguerra, who authorities took into custody this week. Vizguerra is a citizen of Mexico who gained attention during the first Trump administration for speaking out about immigration reform and seeking sanctuary from deportation in multiple Denver churches.…
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Colorado justices skeptical of animal rights group’s attempt to free Cheyenne Mountain Zoo elephants
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An animal rights group faced a critical reception from the Colorado Supreme Court on Thursday, with the justices doubting they could recognize the legal rights of five elephants in Colorado Springs without also opening the floodgates for widespread attempts to release numerous species from captivity. “Half the people in this room have dogs or cats…
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Federal judge finds constitutional violation in Aurora ‘Labor Day Massacre’ murder trial
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A federal judge last week agreed a man convicted more than 20 years ago for a series of Aurora murders known as the “Labor Day Massacre” had his constitutional rights violated when prosecutors played for jurors unreliable statements from a second homicide suspect. U.S. District Court Judge Nina Y. Wang made the unusual finding that…
