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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIn a single week, MN district judges decided 61 cases brought by detained immigrants and DOJ lost all but one
Lisa Rubin @lawofruby 54mNEW w/ @falgallagher: In a single week, MN district judges decided 61 cases brought by detained immigrants--and in all but one, DOJ lost while judges ordered the release of 40 of the detainees. Read why here:
Minnesota judges nearly shut out DOJ in a week of immigrant detention hearings
An MS NOW review of court cases found that in 61 challenges to immigrant detention last week, all but one succeeded, an apparent blow to Trumps Operation Metro Surge.
MS NOW studied the 61 cases challenging immigrants detention also known as habeas corpus petitions or habeas cases that were decided in the week between Jan. 20 and Jan. 27. All but one of the detainees won.
Documents show that judges ordered 40 of those immigrants to be released from federal custody, either immediately or within days. The orders came from judges nominated by both Republican and Democratic presidents.
In 18 of the cases in which judges ordered release, they also ordered that the Justice Department confirm that the detainees have, in fact, been released. In one case, court records show the government did not comply with that order, drawing a sharp rebuke from Judge Jeffrey Bryan. Bryan, a Biden nominee who previously served in the Minnesota U.S. attorneys office and also as a county judge, then ordered the DOJ to confirm within hours its compliance and to state a reason for the delay in the first place.
But the Minneapolis judges seem to be batting back this influx of petitions when theres lack of due cause. In 60 of the 61 cases reviewed by MS NOW, the judges decisions reveal ICEs willingness to flout prior court interpretations of the law and to proceed against even those immigrants who appear to have grounds to remain in the U.S.
read more: https://www.ms.now/news/minnesota-judges-nearly-shut-out-doj-in-a-week-of-immigrant-detention-hearings
MichMan
(16,792 posts)They won their case, but are still detained?
bigtree
(93,617 posts)...that wasn''t the Trump DOJ:
For some immigrants whose petitions were granted, winning in court hasnt been enough to allow them to leave a detention center. According to an order issued by Chief Judge Patrick Schiltz, a George W. Bush nominee and two-time clerk for Supreme Court Justice Antonin Scalia, in at least a dozen cases in the past few weeks, the Trump administration has defied the courts orders to release these detainees.
On Jan. 14, Schiltz himself granted a habeas petition and ordered a bond hearing for an individual named Juan T.R. The order stated that ICE must provide Juan with a bond hearing within seven days or he must be released from detention. On Jan. 23, however, Juans counsel notified the court that he did not have a hearing and remained in detention.
https://www.ms.now/news/minnesota-judges-nearly-shut-out-doj-in-a-week-of-immigrant-detention-hearings
MichMan
(16,792 posts)These were the initial orders given by the judges. Didn't say anything about the administration defying the orders once they were made
bigtree
(93,617 posts)...the article I posted partially addressed that.
At any rate, that's all the info I have right now.
MichMan
(16,792 posts)Just begged the question that if 60 won their cases, but only 40 were ordered released from detention, what was the outcome of the other 20 and why?