The erroneous statistics of the Justice Department and the pointless detention of Haitians

Sunday, September 25th, 2016

In August 26, 2016, the Justice Department informed the Supreme Court through letters that it provided it with erroneous statistics that formed the basis of the government’s victory in a 2003 case, Demore v. Kim, which upheld the government’s position that the mandatory detention statute at INA § 236(c) required the detention of aliens for an unlimited period, even years, for aliens fighting their cases in immigration court and such prolonged detention was constitutional because it was rare. The department,…

Final big case with little splash – this time about mandatory detention

Sunday, August 4th, 2013

I have been writing about recent Ninth Circuit cases that to me seem very significant, but have been overlooked by the pundit class. The last one is a mandatory detention case, Rodriguez v. Robbins, decided on April 16, 2013. In the case, based on 9th Circuit precedent and the doctrine of constitutional avoidance, the Ninth Circuit affirmed a preliminary injunction in favor of aliens being detained by Immigration and Customs Enforcement in excess of six months. The injunction holds that…

The indefinite detention of Mr. Abufayad

Sunday, February 27th, 2011

Last week I wrote about the case of Tareq Abufayad. The 9th Circuit Court of Appeals allowed him to be removed from the United States because an FBI expert concluded he would become a terrorist in the future. I tried to read between the lines as to the “rest of the story” and invited readers to let me know whether I got it wrong or right. Since the posting, I had communication with people “in the know” and reviewed media reports…

Eric Holder was at DOJ during its darkest days for immigrants.

Saturday, January 24th, 2009

Eric Holder was the Deputy Attorney General beginning September 5, 1997, until January 20, 2001. Janet Reno was the Attorney General at the time. Then, Mr. Holder became Acting Attorney General when George W. Bush became president until John Ashcroft became Attorney General on February 2, 2001. Most immigration practitioners who practiced in that period, 1997-2001, recall the period as one of the darkest in immigration law practice. In April 1996, Congress passed and President Bill Clinton signed AEDPA, the…