habeas corpus
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Federal judge rejects Tina Peters’ request for release pending appeal
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A federal judge rejected the petition of former Mesa County clerk Tina Peters on Monday to be released from incarceration pending the resolution of her criminal appeal. Chief U.S. Magistrate Judge Scott T. Varholak wrote in a Dec. 8 order that Peters satisfied none of the criteria that permit federal courts to intervene in ongoing…
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10th Circuit upholds financial incentive for lawyers to take on challenges to immigration detention
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The Denver-based federal appeals court ruled on Monday that the law allowing attorneys to recover their costs for prevailing against the government does apply to successful legal challenges to immigration detention. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged a decision to the contrary would deter legal representation for…
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Federal judge slams government’s ‘bad faith conduct’ in immigration case
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A federal judge criticized the government’s actions in an immigration-related case on Tuesday, after learning a hearing was scheduled for a man’s possible deportation just one day after he challenged his detention in court. “This type of bad faith conduct is inimical to our system of justice, and is conduct this Court will generally not…
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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.…
