habeas corpus
-
Federal judge releases man after 2 immigration judges disobey order
—
by
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…
-
Federal judge warns of increasingly inadequate immigration bond hearings
—
by
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…
-
Appeals court decides free speech cases, error-prone judge reversed again | COURT CRAWL
—
by
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state’s Court of Appeals decided multiple cases implicating free speech rights, plus Colorado’s most error-prone judge was reversed on appeal yet again. Heard on appeal • The Colorado Supreme Court agreed a defendant couldn’t be faulted for failing to cooperate…
-
Federal judge: Government violated order shielding man from deportation in ‘one-off mistake’
—
by
A federal judge acknowledged on Thursday that the government violated his order by deporting a man in immigration detention during his pending court case, but it “serves nobody’s interests” to require the government to return him. On Feb. 18, Tesfami Chael filed a habeas corpus petition in Colorado’s U.S. District Court to challenge his immigration…
-
10th Circuit judge creates vacancy, district court gets new chief judge | COURT CRAWL
—
by
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A longtime member of the Denver-based federal appeals court will give the president a vacancy to fill, plus Colorado’s federal trial court will see a change in its leadership this week. Colorado Supreme Court update • At some point today, the…
-
10th Circuit judges recap do’s and don’ts for lawyers
—
by
Two members of the Denver-based federal appeals court spoke to attorneys on Monday about how to present cases effectively, and when it is helpful for outside entities to weigh in on pending appeals. Judges Robert E. Bacharach of Oklahoma and Gregory A. Phillips of Wyoming, who are both Barack Obama appointees to the U.S. Court…
-
Federal judge rejects Tina Peters’ request for release pending appeal
—
by
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…
-
10th Circuit upholds financial incentive for lawyers to take on challenges to immigration detention
—
by
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…
-
Federal judge slams government’s ‘bad faith conduct’ in immigration case
—
by
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…
-
Federal judge to government: Shutdown not an excuse for delaying noncitizen’s challenge to detention
—
by
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…